Understanding the Second Amendment: Gun Regulation in America Today and Yesterday (NY)
- Publisher:
- New York State Bar Association
- Publication date:
- 2015-04-26
- ISBN:
- 978-1-57969-172-1
Foreword
Introduction
Preliminary Overview
Executive Summary
Section 1 District of Columbia V. Heller and the Current State of the Law (1 to 3.2)
- 1 The Supreme Court’s Decision in District of Columbia v. Heller The Supreme Court’s Decision in District of Columbia v. Heller
- 1.1 Heller Background
- 1.2 Heller Majority Opinion
- 1.3 Heller Dissenting Opinions
- 1.4 Heller’s Unusual Critics and Proponents Heller’s Unusual Critics and Proponents
- 1.5 The Quality Of The Guidance Provided By Heller
- 1.6 The Supreme Court’s Follow-on Decision in McDonald v. City of Chicago The Supreme Court’s Follow-on Decision in McDonald v. City of Chicago
- 2 Federal Court Decisions Applying Heller / Mcdonald
- 2.1 Decisions Rejecting Second Amendment Challenges To Gun Laws
- 2.2 Decisions Striking Down Gun Laws Based On Second Amendment Violations
- 2.3 A Word About The Standard Of Review
- 2.4 Western District Of New York Decision On New York Safe Act
- 2.5 Southern District Of New York Decision Upholding New York City Premise Residence Firearm Licensing Law
- 3.1 Case Decided Before Mcdonald V. City Of Chicago
- 3.2 Cases Decided After Mcdonald V. City Of Chicago
Section 2 The History of the Second Amendment and Its Judicial Interpretation Before Heller (1 to 4.4)
- 1 Contours Of The Current Debate Over The Second Amendment
- 2.1 English Statutes And Common Law Regulating Right To Keep Arms
- 2.2 Colonial And Confederal Laws Regarding Firearms
- 2.3 Colonial/State Constitutions Enshrining Right To Bear Arms
- 2.4 The Second Amendment As A Drafting Exercise: What Contemporaneous Records Show About The Evolution Of The Text
- 2.5 The Second Amendment In The Context Of The Times
- 2.6 Contemporaneous (1786) Musings About The Limited Nature Of The Constitutional Right Enshrined
- 3 An Aside: The Modern Constructions Of The Second Amendment Based On Old Dictionaries And Rules Of Grammar
- 4.1 Nineteenth Century Gun Regulations
- 4.2 Nineteenth Century Jurisprudence—Mostly Upholding State Restrictions On Firearms
- 4.3 Early Twentieth Century Gun Laws And Judicial Rulings
- 4.4 Modern Era Legislation And Judicial Decisions Pre-Heller
Appendix A Plain English Summary of Second Amendment Law
Appendix B Summary of New York Safe Act
Appendix B-1 Model Gun Show Procedures
Appendix C New York State Bar Association Task Force On Gun Violence