Constitutional Law

Second Amendment
Legal Analysis

Scholarly analysis of court rulings, case developments, and legislative changes affecting the right to keep and bear arms — by constitutional attorney Mark W. Smith.

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14th amendment 3d printed firearms 922g3 922g3 prohibited persons ATF Regulatory Reform Administrative Law Anti Registry Statutes Assault Weapons Bans Assault weapon bans Attempted assassination of the President Bruen framework Common use standard Concealed carry Congressional redistricting DOJ Second Amendment Section Emergency docket En Banc Review Engaged in the Business Equal Protection Clause FOPA Factual stipulations Fifteenth Amendment Firearms Registration Form 4473 Digitization Fourteenth Amendment Equal Protection Grant Vacate Remand Gun Control Act History and Tradition Test Individual Rights Injunctive relief January 6 prosecutions Judicial Confirmation Machine Gun Definition Magazine capacity restrictions NICS National Firearms Act Non resident carry rights Organizational standing Originalism Pretrial detention Property Requisition Act Racial gerrymandering Second Amendment Second Amendment Jurisprudence Second Amendment legislative defense Section 922(g) Sensitive Places Social media child safety Stabilizing Brace Rule State attorney general enforcement Stipulated judgment Tenth Amendment Federalism Text and History Test Text History Tradition Test Universal injunctions Voting Rights Act Section 2 abortion administrative deference administrative law administrative procedure act affray age restrictions amicus curiae ammunition background checks ammunition regulations ancillary rights anti gun hypocrisy anti tyranny ar 15 ar 15 ban ar 15 protections arms ban arms ban methodology arms bans arms definition article i commerce clause article i enumerated powers article i powers article ii take care clause article iii article iii standing as applied challenge assault firearms ban assault weapons ban assault weapons bans associational standing asylum refugee law atf overreach atf reform atf regulation atf regulations atf rulemaking background checks bipartisan safer communities act birthright citizenship black codes bruen analysis bruen framework bruen methodology bruen test bump stocks burden of proof california gun laws campus carry carry bans carry permits carry reciprocity carry rights case sequencing categorical ban cert denial cert petition certiorari chevron deference circuit split civil commitment civil lawfare civil rights civil rights act 1866 civil rights division civil rights enforcement class certification collectivism and disarmament commander in chief commerce clause common use common use doctrine common use test compelled speech comprehensive security comstock act concealed carry confiscation congressional apportionment constitutional amendment procedure constitutional carry constitutional challenges constitutional interpretation constitutional rights contributory liability controlled substances act copyright law criminal law dangerous and unusual dangerousness standard dc gun laws deadly force defense of property dei executive orders district court doj amicus doj amicus brief doj civil rights division doj enforcement doj olc doj personnel reform doj second amendment section doj second amendment unit donor disclosure drug trafficking drug trafficking firearms enhancement drug user gun ban drug users firearms due process eighth circuit election integrity election law elections electoral backlash electronic recordkeeping emergency stay en banc en banc petition en banc rehearing en banc review engaged in the business engaged in the business rule enumerated powers equal protection establishment clause executive action executive authority executive order executive orders executive power executive spending authority facial challenge facial challenges facial vs as applied challenges federal budget federal criminal law federal election law federal firearms ban federal firearms law federal funding federal gun laws federal hiring policy federal preemption federal state cooperation felon in possession ffl licensing fifteenth amendment fifth amendment fifth circuit firearms owners protection act firearms regulation firearms rights restoration first amendment first circuit form 4473 founding era history fourteenth amendment fourth circuit frame and receiver rule frame or receiver frame receiver rule free exercise clause free exercise of religion free speech freedom of association full faith and credit gender identity anti discrimination law gerrymandering ghost guns government entity government overreach gun control act gun control act 1968 gun control empirics gun free zones gun industry liability gun manufacturer liability gun owner discrimination gun registration gun rights habeas corpus handgun ban handgun roster hawaii gun law heller heller core right heller decision heller framework historical analogs historical analogue historical tradition historical tradition analysis historical tradition test history tradition test hughes amendment hughes amendment machine guns humphreys executor illegal immigration immigration immigration and second amendment immigration detention immigration enforcement immigration law immigration policy in common use incorporation indictment individual right individual right to bear arms individualized determination injunction scope injunctive relief interest balancing international law interstate travel judicial independence judicial methodology judicial review judicial scrutiny judicial security jurisdiction clause large capacity magazines law enforcement authority lawfare lawful use of firearms legislative facts leosa litigation strategy loper bright machine gun ban machine gun definition machine guns magazine ban magazine bans magazine capacity magazine capacity bans magazine capacity restrictions malum prohibitum mandatory detention may issue media bias mental health firearms disability midterm elections military law militia militia act 1792 mootness municipal gun ban national firearms act national security nationwide carry new york ccia nfa nfa destructive devices nfa items nfa machine guns nfa national firearms act nfa registration nics background checks ninth circuit nonresident carry olc memo olc opinion one big beautiful bill open carry opinion leaks original meaning originalism outlier laws parental rights pattern and practice pistol brace pistol brace rule plain text analysis plcaa political question doctrine post office carry precedential effect preliminary injunction private property private property carry professional licensing prohibited persons property rights public carry public domain public parks public transportation race discrimination racial gerrymandering rahimi dangerous person standard rahimi methodology red flag laws redistricting registration registration requirements regulatory freeze regulatory overreach regulatory reform remedy law republican primary accountability right to acquire right to bear arms right to carry right to keep and bear arms right to train right to travel rocket docket rule of lenity rule of orderliness sanctuary cities scotus cert scotus certiorari scotus opinion assignment scotus oral argument scotus pending second amendment second amendment arms definition second amendment challenges second amendment czar second amendment enforcement second amendment history second amendment history tradition second amendment movement strategy second amendment right to bear arms second amendment rights section section 12601 section 2 section 922g self defense semi automatic rifles sensitive places separation of powers shadow docket short barrel rifles short barreled rifles solicitor general sony betamax doctrine sovereign immunity sporting purposes test standard capacity magazines standard of review standing state authority state constitutional amendment procedure state constitutional law state constitutional rights state criminal law state electoral politics state gun control state gun laws state legislation state licensing state preemption statutory interpretation strategic litigation structural constitution stun gun ban stun guns substantive due process suppressor ban suppressors supremacy clause supreme court supreme court docket supreme court jurisdiction supreme court mandate supreme court process supreme court stay sympathetic plaintiffs taxing clause taxing power technology and rights text and history text and history test text history tradition title ix tucker act under 21 firearms rights universal injunction usps firearms usps mailability vacatur veterans rights viewpoint discrimination virginia gun laws virginia politics void for vagueness voting rights voting rights act waiting periods war powers resolution young adults
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