Firearms Law And The Second Amendment

Author : Nicholas J. Johnson,David B. Kopel,George A. Mocsary,E. Gregory Wallace,Donald E. Kilmer
Publisher : Aspen Publishing
Page : 1470 pages
File Size : 55,7 Mb
Release : 2021-10-06
Category : Law
ISBN : 9781543826821

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Firearms Law and the Second Amendment by Nicholas J. Johnson,David B. Kopel,George A. Mocsary,E. Gregory Wallace,Donald E. Kilmer Pdf

Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms

Author : Nicholas J. Johnson,David B. Kopel,George A. Mocsary,Michael P. O'Shea
Publisher : Aspen Publishing
Page : 0 pages
File Size : 45,8 Mb
Release : 2017-10-04
Category : Law
ISBN : 1454876441

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Firearms Law and the Second Amendment by Nicholas J. Johnson,David B. Kopel,George A. Mocsary,Michael P. O'Shea Pdf

This casebook is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key Benefits: Comprehensive coverage of all aspects of firearms law, from early English origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Supplemental materials on the website will provide a continuing research resource, tracking the most current developments in firearms law, regulation, and policy. Five online chapters on firearms and status, the philosophy of citizen arms bearing, international law, comparative law, and an in-depth explanation of firearm and ammunition functionality.

Author : Jennifer Carlson
Publisher : Princeton University Press
Page : 296 pages
File Size : 44,7 Mb
Release : 2022-06-21
Category : Social Science
ISBN : 9780691212814

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Policing the Second Amendment by Jennifer Carlson Pdf

An urgent look at the relationship between guns, the police, and race The United States is steeped in guns, gun violence—and gun debates. As arguments rage on, one issue has largely been overlooked—Americans who support gun control turn to the police as enforcers of their preferred policies, but the police themselves disproportionately support gun rights over gun control. Yet who do the police believe should get gun access? When do they pursue aggressive enforcement of gun laws? And what part does race play in all of this? Policing the Second Amendment unravels the complex relationship between the police, gun violence, and race. Rethinking the terms of the gun debate, Jennifer Carlson shows how the politics of guns cannot be understood—or changed—without considering how the racial politics of crime affect police attitudes about guns. Drawing on local and national newspapers, interviews with close to eighty police chiefs, and a rare look at gun licensing processes, Carlson explores the ways police talk about guns, and how firearms are regulated in different parts of the country. Examining how organizations such as the National Rifle Association have influenced police perspectives, she describes a troubling paradox of guns today—while color-blind laws grant civilians unprecedented rights to own, carry, and use guns, people of color face an all-too-visible system of gun criminalization. This racialized framework—undergirding who is “a good guy with a gun” versus “a bad guy with a gun”—informs and justifies how police understand and pursue public safety. Policing the Second Amendment demonstrates that the terrain of gun politics must be reevaluated if there is to be any hope of mitigating further tragedies.

Author : Lisa Schreinemacher
Publisher : GRIN Verlag
Page : 29 pages
File Size : 42,9 Mb
Release : 2019-08-26
Category : Literary Collections
ISBN : 9783346003751

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The Second Amendment and Gun Control Laws as a Subject of Debate by Lisa Schreinemacher Pdf

Seminar paper from the year 2019 in the subject American Studies - Culture and Applied Geography, grade: 1,7, University of Bonn, language: English, abstract: This study is concerned with the historical development of the Second Amendment and how it is interpreted today. In doing so, John Vile's "A Companion to the United States Constitution and its Amendments" and Adam Winkler's "Gun Fight" have been consulted to provide background information on the history of the Second Amendment. Due to the fact that this term paper also deals with current statistics on gun control laws, it also relied on online research and online publications. Firstly, there will be a chapter that deals with the original intent of the founding fathers, who framed the Second Amendment to the United States Constitution. It will provide an historical overview of the creation of the Second Amendment and what led to its inclusion into the Bill of Rights. It further tries to explain the founder's interpretation of the Second Amendment with regards to the militia. The third chapter will focus on the question of how the National Rifle Association was able to rewrite the Second Amendment in order to gain more profit and get support for gun rights. The chapter will present the approach taken by the NRA that resulted in a new interpretation of the Second Amendment and established the perception of an individual right to possess firearms within American society. It will take into account the Supreme Court cases of "United States v. Miller" of 1939 and "District of Columbia v. Heller" of 2008, that ultimately guaranteed an individual's right to own firearms without any connection to a militia. Another chapter will focus on gun control laws and provide a comparison between the United States and other developed countries. Furthermore, this chapter will give an insight into the perception of the Second Amendment within American society and discusses current gun control policies. Finally, the last paragraph of this term paper will be a conclusion, which sums up the results achieved and gives an outlook for future research on the Second Amendment and gun control laws.

Author : Fredrick E. Ayres
Publisher : Harvard University Press
Page : 257 pages
File Size : 40,6 Mb
Release : 2020-10-27
Category : Law
ISBN : 9780674241091

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Weapon of Choice by Fredrick E. Ayres Pdf

How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.

Author : Joseph Blocher,Darrell A.H. Miller
Publisher : Cambridge University Press
Page : 217 pages
File Size : 47,8 Mb
Release : 2018-09-13
Category : Law
ISBN : 9781107158696

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The Positive Second Amendment by Joseph Blocher,Darrell A.H. Miller Pdf

Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

Author : United States
Publisher : Unknown
Page : 66 pages
File Size : 48,5 Mb
Release : 1893
Category : Electronic
ISBN : PRNC:32101050870540

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Constitution by United States Pdf

Author : Saul Cornell
Publisher : Oxford University Press
Page : 288 pages
File Size : 45,8 Mb
Release : 2008-08-04
Category : History
ISBN : 9780199712441

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A Well-Regulated Militia by Saul Cornell Pdf

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well-Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read. Winner of the Langum Prize in American Legal History/Legal Biography

Author : Freya Ottem Hanson
Publisher : Unknown
Page : 132 pages
File Size : 46,9 Mb
Release : 1998
Category : Juvenile Nonfiction
ISBN : 0894909258

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The Second Amendment by Freya Ottem Hanson Pdf

This book looks at the people behind the passage of the Second Amendment, which established the right to bear arms. The author cites historical examples and present-day situations involving the arguments over gun control to explain the relevance of this amendment.

Author : Brian Doherty
Publisher : Cato Institute
Page : 165 pages
File Size : 52,8 Mb
Release : 2008
Category : Law
ISBN : 9781933995250

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Gun Control on Trial by Brian Doherty Pdf

"On June 26, 2008, the Supreme Court had its first opportunity in seven decades to address one of America's most impassioned constitutional debates: does the right to possess firearms, as stated in the Second Amendment, apply to individuals? Yes, the Court ruled, it does. And, with that decision, the District's handgun ban - one of the toughest and most controversial in the nation - was ended." "In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v. Heller ruling. With exclusive, behind-the-scenes access throughout the case, Doherty takes readers on a remarkable journey - through the legal, scientific, and historical debates; the political battles; and the myths about gun control that have become widespread." "But, beyond the legal arguments are the stories of the people involved in the case. Detailed in Gun Control on Trial are compelling portraits of the plaintiffs - individuals willing to fight for their right to protect themselves and their families from violent criminals, the activist lawyers, who worked exhaustively for their clients, and the city officials who fought any attempt to give their citizens the right to self-defense." "The Heller decision does not settle every controversy in the gun control debate. What it did do, Doherty writes, is create "a new shape to the arena in which the legal and political struggle over guns and gun control will be fought." Gun Control on Trial describes the ground on which that fight will take place."--BOOK JACKET.

Author : Alan Korwin,David B. Kopel
Publisher : Unknown
Page : 452 pages
File Size : 54,7 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134432454

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The Heller Case by Alan Korwin,David B. Kopel Pdf

Author : Michael A. Bellesiles
Publisher : Unknown
Page : 358 pages
File Size : 46,8 Mb
Release : 2000
Category : Law
ISBN : 1565846990

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The Second Amendment in Law and History by Michael A. Bellesiles Pdf

A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.

Author : Ian Ayres,Fredrick E. Vars
Publisher : Harvard University Press
Page : 257 pages
File Size : 47,8 Mb
Release : 2020-10-27
Category : Law
ISBN : 9780674250741

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Weapon of Choice by Ian Ayres,Fredrick E. Vars Pdf

How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearms industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending red flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.

Author : Susan Dudley Gold
Publisher : Marshall Cavendish
Page : 152 pages
File Size : 48,5 Mb
Release : 2004
Category : Political Science
ISBN : 076141584X

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Gun Control by Susan Dudley Gold Pdf

Discusses the history of guns and gun control in the United States, relevant laws and legal cases, and the arguments posed by both sides in the debate about how much government control there should be over firearms.

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Committee to Improve Research Information and Data on Firearms
Publisher : National Academies Press
Page : 341 pages
File Size : 42,5 Mb
Release : 2005-01-13
Category : Law
ISBN : 9780309091244

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Firearms and Violence by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Committee to Improve Research Information and Data on Firearms Pdf

For years proposals for gun control and the ownership of firearms have been among the most contentious issues in American politics. For public authorities to make reasonable decisions on these matters, they must take into account facts about the relationship between guns and violence as well as conflicting constitutional claims and divided public opinion. In performing these tasks, legislators need adequate data and research to judge both the effects of firearms on violence and the effects of different violence control policies. Readers of the research literature on firearms may sometimes find themselves unable to distinguish scholarship from advocacy. Given the importance of this issue, there is a pressing need for a clear and unbiased assessment of the existing portfolio of data and research. Firearms and Violence uses conventional standards of science to examine three major themes - firearms and violence, the quality of research, and the quality of data available. The book assesses the strengths and limitations of current databases, examining current research studies on firearm use and the efforts to reduce unjustified firearm use and suggests ways in which they can be improved.