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 18 U.S.C. § 1715 18 U.S.C. § 241 18 usc 1715 3d printed firearms 922b 922g 922g1 922g3 922g3 prohibited persons 922g5 922o 925c AR 15 ban ATF Regulatory Reform Administrative Law Administrative Procedure Act Anti Registry Statutes Article I taxing power Article II Assault Weapons Bans Assault weapon bans Assault weapons ban Attempted assassination of the President Bipartisan Safer Communities Act Bruen Test Bruen framework Bruen framework California AB 2571 Collateral review Common use standard Commonly owned arms Compassionate release Concealed carry Congressional redistricting Conspiracy Court packing DOJ Second Amendment Section Dangerous and unusual Election Law Emergency docket En Banc Review Engaged in the Business Equal Protection Clause FOPA Facial Challenge Factual stipulations Fifteenth Amendment Firearms Registration First Amendment Form 4473 Digitization Fourteenth Amendment Fourteenth Amendment Equal Protection Free Speech Grant Vacate Remand Gun Control Act Habeas corpus Historical Tradition Analysis History and Tradition Test Individual Rights Injunctive relief January 6 prosecutions Judicial Confirmation Machine Gun Definition Magazine capacity restrictions Murder for hire NFA registration NICS National Firearms Act Non resident carry rights Oath of office Organizational standing Originalism Pretrial detention Property Requisition Act Prosecutorial Overreach Prosecutorial discretion Racial gerrymandering Right to Acquire Firearms Second Amendment Second Amendment Jurisprudence Second Amendment legislative defense Second Amendment policy Section 1983 Section 922(g) Sensitive Places Sentence reduction Social media child safety Stabilizing Brace Rule State attorney general enforcement State constitutional law Statutory interpretation Stipulated judgment Tenth Amendment Federalism Text and History Test Text History Tradition Test Text history and tradition USPS handgun ban Universal injunctions Voting Rights Act Section 2 abortion adjudicative facts administrative state administrative deference administrative law administrative procedure act administrative state affray age based restrictions age restrictions agency guidance amicus brief amicus briefs amicus curiae ammunition ammunition background checks ammunition regulations ancillary rights ancillary rights anti gun hypocrisy anti tyranny appellate procedure appointments clause ar 15 ar 15 ban ar 15 bans ar 15 protections arms ban arms ban methodology arms bans arms definition article i article i commerce clause article i enumerated powers article i powers article ii article ii take care clause article iii article iii standing as applied challenge as applied challenge as applied challenges assault firearms ban assault weapon bans assault weapons ban assault weapons bans associational standing asylum asylum refugee law atf atf overreach atf reform atf regulation atf regulations atf rulemaking background checks binding precedent bipartisan safer communities act birthright citizenship black codes blue slip bruen bruen analysis bruen framework bruen methodology bruen step one bruen test bsca budget reconciliation bump stocks burden of proof byrd rule california gun laws campaign finance campus carry carry bans carry permits carry reciprocity carry rights case sequencing categorical ban ccia cert denial cert petition cert petitions cert strategy certiorari chevron deference circuit split civil commitment civil lawfare civil rights civil rights act 1866 civil rights division civil rights enforcement civil rights section 1983 class certification clemency collective rights theory collectivism and disarmament commander in chief commerce clause commercial speech commercial drivers licenses 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 controlled substances act copyright law criminal defense criminal law culture war dangerous and unusual dangerous and unusual weapons dangerousness dangerousness doctrine dangerousness standard dc gun laws deadly force declaratory judgment deep state reform defense of property defensive gun use dei executive orders deregulation director of national intelligence district court doj doj 2a section doj amicus doj amicus brief doj civil rights division doj enforcement doj non defense 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 entrapment by estoppel enumerated powers equal protection equal protection equity establishment clause executive power executive action executive authority executive branch executive clemency executive order executive orders executive power executive spending authority expert testimony expert witnesses facial challenge facial challenges facial vs as applied challenges fbi federal grants 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 federal weapons bans fees felon in possession ffl ffl dealers ffl licensing fifteenth amendment fifth amendment fifth circuit firearm registration firearms owners protection act firearms regulation firearms rights restoration first amendment first circuit form 4473 founding era history founding history fourteenth amendment fourth amendment fourth circuit frame and receiver rule frame or receiver frame or receiver rule frame receiver rule free exercise free exercise clause free exercise of religion free speech freedom of association full faith and credit gender identity anti discrimination law gerrymandering ghost guns glock good guy with a gun government overreach government entity government overreach government transparency gun advertising ban gun violence prevention funding gun control gun control act gun control act 1968 gun control empirics gun free zones gun industry liability gun legislation gun manufacturer liability gun owner discrimination gun registration gun rights habeas corpus handgun ban handgun purchase ban handgun roster hawaii gun law hecklers veto heller heller core right heller decision heller framework historical tradition test historical analogs historical analogue historical tradition historical tradition analysis historical tradition test history tradition test home defense hughes amendment hughes amendment machine guns humphreys executor illegal aliens illegal aliens second amendment illegal immigration immigration immigration and second amendment immigration detention immigration enforcement immigration law immigration policy in common use incorporation independent agencies indictment individual right individual right to bear arms individualized determination injunction scope injunctions injunctive relief interest balancing international law interstate commerce interstate reciprocity interstate travel judicial elections judicial independence judicial methodology judicial nominations judicial power judicial review judicial scrutiny judicial security jurisdiction jurisdiction clause knife rights large capacity magazines law enforcement authority lawfare lawful use of firearms legislative facts leosa level of generality licensing licensing fees litigation strategy loper bright machine gun ban machine gun conversion devices machine gun definition machine guns magazine ban magazine bans magazine capacity magazine capacity bans magazine capacity restrictions mailing restrictions malum prohibitum mandatory detention may issue media bias mens rea mental health disqualification mental health firearms disability mental health prohibitor midterm elections military law militia militia act 1792 militia act of 1792 militia clause mootness municipal gun ban national firearms act national security nationwide carry nationwide injunctions 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 nonviolent felons olc memo olc opinion one big beautiful bill open carry open carry operation choke point opinion leaks oral argument original jurisdiction original meaning originalism outlier laws parental rights pattern and practice permanent injunction permitting pistol brace pistol brace rule plain text analysis plcaa political question doctrine political rhetoric poll tax popular sovereignty post office carry precedential effect preemption preliminary injunction preliminary injunction private property private property carry privileges or immunities professional licensing prohibited persons proper reason property rights prosecutorial discretion public carry public domain public nuisance public parks public transit public transportation purcell doctrine qualified immunity race discrimination racial gerrymandering rahimi rahimi dangerous person standard rahimi methodology red flag laws redistricting reductions in force registration registration requirements regulatory freeze regulatory overreach regulatory reform relief from disabilities religious liberty remedies remedy law removal power removal power republican primary accountability right to keep arms right to acquire right to acquire arms right to bear arms right to carry right to keep and bear arms right to train right to travel rights restoration rocket docket rule of law rule of lenity rule of orderliness safe storage laws sanctuary cities school speech scotus 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 second amendment rights section section 12601 section 2 section 2 vra section 922g section 922g1 section 922g5 seizure of firearms self defense self made arms self manufacture self manufactured firearms semi automatic rifles senate judiciary committee sensitive places separation of powers separation of powers shadow docket shall issue shall issue licensing short barrel rifles short barreled rifles short barreled shotguns short barreled rifles short barreled shotguns solicitor general sony betamax doctrine sovereign immunity sporting purposes test standard capacity magazines standard of review standing standing and ripeness state action state authority state constitution state constitutional amendment procedure state constitutional law state constitutional rights state courts state criminal law state electoral politics state gun control state gun laws state legislation state licensing state preemption state suppressor ban statutory interpretation stay of mandate stay of proceedings strategic litigation strict scrutiny structural constitution stun gun ban stun guns substantive due process substantive vs incidental features summary disposition summary reversal suppressor ban suppressors supremacy clause supreme court supreme court confirmations supreme court docket supreme court jurisdiction supreme court mandate supreme court procedure supreme court process supreme court stay switchblades sympathetic plaintiffs targeted tax taxing clause taxing power technology and rights temporary protected status text and history text and history test text and history tradition text history tradition the people tiers of scrutiny tinker title ix training requirements tucker act unconstitutional conditions under 21 firearms rights unitary executive universal injunction universal injunctions usps usps firearms usps mailability vacatur vagueness doctrine verdugo urquidez veterans rights viewpoint discrimination virginia gun laws virginia politics void for vagueness voting rights voting rights act waiting periods war powers resolution womens sports young adult rights young adults
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