
- Supreme Court
- November 27, 2010
Originally published on Volokh.com Before District of Columbia v. Heller, the 1939 decision United States v. Miller was the Supreme Court’s leading decision on the Second Amendment. Miller was, to put it mildly, obliquely written. As Michael O’Shea has detailed, the opinion seems mainly concerned with whether the gun in question was a militia-type weapon, which
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Originally published on Volokh.com Eugene Volokh’s post below discusses a dissent by the Ninth Circuit’s Judge Reinhardt in a capital sentencing case. Judge Reinhardt accurately states that carrying a gun is a Second Amendment right, to make the broader point that carrying a gun is not, in itself, illegitimate behavior. Judge Reinhardt could have strengthened his
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After the Las Vegas murders, Sen. Brian Schatz (D-Hawaii) urged Congress to “take a stand against gun violence by passing common-sense gun safety laws.” On Monday, after the mass murder in Texas, he wrote, “A simple idea: Anyone convicted of domestic abuse should see their rights under the 2nd Amendment severely curtailed.” On Tuesday, Sen. Jeff Flake (R-Ariz.) announced that he and Sen. Martin Heinrich (D-N.M.) are writing a bill “to prevent anyone convicted of domestic violence — be it in criminal or military court — from buying a gun.
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