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.