Glenn Harlan Reynolds (University of Tennessee College of Law) has posted Second Amendment Limitations (Georgetown Journal of Law & Public Policy, forthcoming) on SSRN. Here is the abstract:
This paper looks at recent cases that suggest that the so-called "Heller Safe Harbor," allowing limitations on gun ownership and possession in some circumstances, is facing additional scrutiny from lower courts, with previously accepted gun restrictions being struck down or limited. It also looks at future changes in limitations on Second Amendment Rights. Paper presented at a Georgetown Law School symposium in November, 2015, to be published in the Georgetown Journal of Law and Public Policy.
Related: At Volokh Conspiracy, David Kopel on the recent Fourth Circuit decision in Kolbe v. Hogan:
The statute bans the sale of firearm magazines that hold more than 10 rounds and also bans many firearms, by labeling them as “assault weapons.” In a 2-1 decision written by Chief Judge Traxler, the Fourth Circuit held that strict scrutiny is the proper standard of review for bans on common arms, such as those at issue in Kolbe. The case was remanded to the district court, which had applied the wrong standard, namely a weak version of intermediate scrutiny. The Maryland attorney general announced that he will seek en banc or Supreme Court reversal of the Kolbe decision.
Posted at 6:26 AM