Second Amendment Scholarship

Mark Frassetto, Meritless Historical Arguments in
Second Amendment Litigation
, 46 Hastings Const. L.Q. 531 (2019).

This law review article discusses the frivolous arguments made by many plaintiffs in Second Amendment cases, some of which have unfortunately made their way into district and circuit court decisions. It also discusses post-Heller public-carry litigation, focusing on the serious historical arguments driving these cases, as well as addresses and rebuts some of the meritless historical arguments that have been made and adopted in Second Amendment litigation.

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

This law review article discusses 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.

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

This law review article discusses 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.

Opinion Editorials

  • October 10, 2019
    Everytown Law
    A recent Sunday in Texas underscored the shocking regularity with which American children die, or are grievously wounded, in unintentional shootings. In the span of mere hours last month, five Fort Worth-area children were shot in four separate shootings, leaving at least one dead and another clinging to life. Four-year old Truth Albright was one of these victims, shot and killed by his five-year old brother, who police say found a gun in their family home. As of October 2019, Truth was one of at least 10 children to die this year in Texas in an unintentional shooting.
  • September 9, 2019
    Everytown Law
    In the next few weeks, expanding gun background checks to cover all gun sales will be at the top of the legislative agenda in Congress. In the wake of mass shootings in El Paso, Dayton and Odessa, expanded background checks have become a priority among Democrats and gained newfound support among many Republicans. President Trump has expressed interest in expanding background checks and Senate Majority Leader Mitch McConnell has said he’s willing to bring a bill to the floor if it is supported by the President. Polls consistently show around 90% of Americans support background checks for all gun sales.
  • 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.