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.

Changed (Judicial) Circumstances

In a sign that litigants are hoping the changed composition of the Supreme Court—Justice Kavanaugh’s replacement of Justice Kennedy—will lead to reconsideration of some lower court Second Amendment precedents, plaintiffs recently brought a lawsuit challenging Maryland’s requirement that an applicant for a concealed carry permit show a “good and substantial reason” in order to obtain one.

The Other Supreme Court Challenges

The Supreme Court in January agreed to hear its first Second Amendment challenge after a decade of (relative) silence. But other than New York State Rifle & Pistol Association v. City of New York (NYSRPA), there are—by my count—five other pending petitions asking the Court to review lower courts’ Second Amendment (or related firearms) rulings, with more likely to join in the coming months.

Dangerous, Unvirtuous Felons and the Scope of the Second Amendment

In Kanter v. Barr, decided this March, the Seventh Circuit rejected a non-violent felon’s as-applied challenge to 18 U.S.C. § 922(g)(1), which prohibits those convicted of (nearly) all felony offenses from possessing firearms for life. The majority decision, and the dissent, highlight a fraught debate about the historical justification undergirding these types of prohibitions.

Welcome

Welcome to the blog for the Center for Firearms Law at Duke Law School. The blog will highlight important cases, scholarship, research, and other news about the Second Amendment and the broader debates over gun rights and regulation. Like the Center, the blog aims to present controversial issues in a fair, nonpartisan, and balanced way. If you have comments, feedback, or suggestions for topics to cover, you can reach out to the contributors, email the Center, or tweet at us on Twitter (@DukeFirearmsLaw).