Mini-Symposium: Teaching Firearms Law

Especially since the Supreme Court’s 2008 decision in District of Columbia v. Heller, there has been an increased interest not only in writing about firearms law (check out Joseph’s post here), but in teaching classes on it as well. Our admittedly unscientific evidence—personal experience and conversations with others—suggests that student demand is high, and that professors are taking a diverse range of approaches to structuring and teaching their courses.

We’re excited to host a mini-symposium on this blog with accomplished scholars who have been writing and studying these issues for years—some even for decades.

“A Rogue’s Gallery of Offenses”: Implications of Rehaif and Davis for Prosecuting Gun Crimes

In the past week, the Supreme Court issued two decisions likely to have a major impact on gun prosecutions: Rehaif v. United States, in which the Court tossed out an immigrant’s conviction for unlawful possession of a firearm, and United States v. Davis, in which the Court tossed out a pair of convictions for possessing a firearm during a crime of violence. Justice Kavanaugh chronicled a list of crimes potentially imperiled by Davis. Justice Gorsuch dismissed the relevance of this “rogue’s gallery of offenses.” How should we understand these decisions?

Mini-Series on Historical Gun Laws: Felons, Foreigners, and Others Deemed Dangerous

This week, we’re fortunate to have a three-part series by one of the Center’s excellent summer research assistants, Catie Carberry. Catie’s posts will provide an overview of the historical gun laws in the Center’s Repository of Historical Gun Laws, the largest publicly available single-site compilation of historical regulations of firearms. The Repository is the result of more than four years of painstaking research, but makes no claim to completeness. Rather than purport to include every firearm-related law (an impossible task), it is designed to provide a broad, deep, and representative sample of the kinds of gun laws that have existed throughout English and American history.

Forging Con Law Through a Gun Regulation Lens

In reading the Supreme Court’s recent double-jeopardy opinion, Gamble v. United States, it struck me just how many major constitutional law cases involve guns and guns laws, even if sometimes at the periphery. Gamble, for instance, complained that his state law conviction for being a felon in possession of a firearm precluded his indictment under 18 U.S.C. § 922(g)(1). Like in Gamble, the regulations of firearms have played a supporting role in many major cases residing in the constitutional law canon.

Scholarship Highlight: Charleston Law Review Symposium on the Second Amendment

In February, the Charleston Law Review hosted a symposium on “The Second Amendment 228 Years Later.” Papers from that symposium were just recently published to Westlaw. Unfortunately, I don’t see the articles publicly available for free, except for those on SSRN, but below I’ll post the citations for this interesting set of papers to come out of that Symposium.