The Montana Supreme Court’s Anti-Firearms Decision was Wrong
Mass shootings tend to happen in so-called “gun free zones” where law-abiding people are disarmed. . . . [Yet] all the justices on the court voted for this misguided decision.
Defending the Constitution: The 2nd Amendment is not outdated
Obviously she was never taught the difference between ordinary legislation (such as traffic laws) and a general constitutional standard.
Wisdom From A Framer on Federalism, Guns, and the Amendment Process
This article was first published on CNS News. A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process. Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over, […]
A New Triumph for the Right to Keep and Bear Arms (and for II's Dave Kopel)
A federal court of appeals has just vindicated the Second Amendment right to keep and bear arms in a big way. And II’s own Dave Kopel was largely responsible. California denied citizens the right to carry firearms outside their homes, unless they obtained a concealed weapons permit. But to get such a permit, citizens had […]
Can Treaties Override the Constitution? An Issue Posed By Bond v. United States
One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a treaty override the Constitution?” The question has arisen particularly in view of the pending Supreme Court case of Bond v. United States. In that case, Congress is claiming a power under the Treaty Clause that […]
Protecting People Against "Gun Control"
My recent address in Grand Junction on the Colorado gun control laws has received widespread notice. This is particularly so of the part pointing out that the same arguments used by the legislative majority for gun control could be used to restrict other constitutional rights, such as free speech and sexual choice. I’ve reproduced the […]
Louisiana Amendment to Strengthen Right to Arms on November Ballot
Originally published on Volokh.com In state elections, the most important vote this November will be in Louisiana. A referendum there would significantly strengthen protection of the right to keep and bear arms in the state, and would set a very significant national precedent. Before the Civil War, the Louisiana Constitution did not mention a right to […]
Why United States v. Miller Was So Badly Written
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 […]
NRA Supports Pro-Gun Democrats, and Many Democrats Support the Second Amendment
Originally published on Volokh.com Earlier this week, I wrote that NRA would be foolish obey the wishes of Republican activists who want the NRA to endorse only Republicans, and especially to not endorse endangered House Democrats. Here are some data on NRA endorsements, and some of the actions that dozens of House Democrats have taken to merit their endorsements: NRA […]
Congressional Brief in McDonald v. Chicago
Originally published on Volokh.com Available here. Joined by 58 Senators (including 19 Democrats) and 251 U.S. Representatives (including 78 Democrats, although my count here may not be exact). Counsel of Record is former Solicitor General Paul D. Clement. Much of the brief recapitulates the lengthy historical record of congressional action (including but not limited to Reconstruction) […]
