Second Amendment Scholarship

Eric Tirschwell and Alla Lefkowitz, Prohibiting Guns at Public Demonstrations: Debunking First and Second Amendment Myths After Charlottesville, 65 UCLA L. Rev. Disc. 172 (2018).

This law review article discusses the history and case law supporting prohibitions on protests. The article argues that prohibiting guns at protests does not violate the Second Amendment.

Mark Frassetto, The Law and Politics of Firearms Regulation in Reconstruction Texas, 4 Tex. A&M L. Rev. 95 (2016).

This law review article discussing firearms regulation in 1870’s Texas and how a series of challenges to the state’s 1871 public carry prohibition indicate that at the time of the ratification of the Fourteenth Amendment there was no right to carry a firearm in public without a specific need.

Mark Frassetto, The First Congressional Debate on Public Carry and What It Tells Us About Firearm Regionalism, 40 Campbell L. Rev. 335 (2018).

This is a law review article discussing the first firearm regulation adopted by Congress, a good cause public carry law. The debate and final vote tally strongly support the arguments about firearms regionalism made in other articles that Southern Democrats generally were less supportive of gun laws and Republicans and northerners were more supportive.

Opinion Editorials

  • May 30, 2019
    Everytown Law
    Prohibitions on large-capacity magazines do not violate the Second Amendment. That is what every federal court of appeals to address the question on the merits — the First, Second, Third, Fourth, Seventh, and D.C. Circuits — has held. It is also the view of leading constitutional scholars.
  • May 3, 2019
    Everytown Law
    On Friday, a unanimous panel of the United States Court of Appeals for the First Circuit upheld a Massachusetts law prohibiting the possession of assault weapons and large-capacity magazines (LCMs). The decision, in a case called Worman v. Healey, drew praise from a presidential candidate and is a major victory for gun sense champion Massachusetts Attorney General Maura Healey.
  • April 29, 2019
    Everytown Law
    In recent weeks, a number of sheriffs have vowed not to enforce Extreme Risk laws, alleging, among other specious legal claims, that the laws violate the due process of law required by the United States Constitution. This is an irresponsible and dangerous position — and it’s one clearly at odds with established law.
  • April 18, 2019
    Everytown Law
    Every April since 1999, the community around Littleton, Colorado, has faced increased threats from individuals infatuated with the horrific mass shooting at Columbine High School of 20 years ago. This year, the community was terrorized by reports of an apparently disturbed 18-year-old who had flown from Florida to Colorado, allegedly making threats against Denver-area schools, including Columbine High.
  • April 8, 2019
    Everytown Law
    The past year has seen dozens of states pass common-sense gun safety laws, from strengthening background checks in Washington state to Maryland’s requirement that those convicted of domestic violence surrender their firearms to New Mexico’s recent decision to close the unlicensed gun sale background check loophole. As citizens and as lawyers working to reduce gun violence in this country, we have cheered these legislative victories. They are part of an overwhelming trend towards evidence-based laws that lead to safer communities.
  • April 1, 2019
    Everytown Law
    As the gun lobby continues its efforts to dismantle public safety protections around carrying guns in public, communities are left grappling with a range of consequences. Among the most concerning is the problem of gun theft: more guns in public means more opportunities for these guns to be stolen, and indeed, reporting shows that gun thefts have been on the rise in recent years. One study estimates that as many as 380,000 guns are now stolen every year.