Firearms Law and the Second Amendment

Rights, Regulation, and Policy

Cross-References

In developing the Second Edition, new chapters and content were added to provide updated and in-depth information. As a result, some material previously available in the First Edition has been condensed, moved, or replaced. A summary of this information is avalable below or may be downloaded for your convenience here.

First Edition

Second Edition

Chapter 12 - Social Science
(The First Edition's Chapter 1 has been removed. Its primary replacement is the new, online Chapter 15 - In Depth Explanation of Firearms and Ammunition.)
Chapter 1 - Social Science
• Updated with new data since 2012

Chapter 2.D.2 - England
• The additional material from Chapter 2 will be in new, online Chapter 16 - Early Second Amendment Influences

Chapter 2 - Arms Rights, Arms Duties, and Arms Control in the United Kingdom
• Vastly expanded material on the British law and history of arms bearing
• New Part on Arms Technology and Ownership in the United Kingdom.

Chapter 3 - The Colonies and the Revolution Chapter 3 - The Colonies and the Revolution
• New Material on arms rights in colonial charters.
• New Part on Arms Technology, Tactics, and Culture in the Colonies
Chapter 4 - The New Constitution
• The part on Federal and State Military Forces of Today has been made more robust to include the evolution of the forces and has been moved to Chapter 7.
Chapter 4 - The New Constitution
New Part on Arms Technology at the Time of the Second Amendment
Chapter 5 - The Right to Arms, Militias, and Slavery in the Early Republic and Antebellum Periods Chapter 5 - The Right to Arms, Militias, and Slavery in the Early Republic and Antebellum Periods
New Part on Changes in Arms Technology
Chapter 6 - Reconstruction and Beyond Chapter 6 - The War, Reconstruction, and Beyond
• New material to bridge the gap from the end of the Civil War to Reconstruction
New Part on Technological and Cultural Changes
Chapter 7 - A New and Dangerous Century
• Part 7.D on Cases and Tot, the first Circuit Court's interpretations of Miller have been moved to the start of Chapter 8.
Chapter 7 - A New and Dangerous Century
• New Part on Changes in the Militia, and Other Federal and State Military Forces (expanded version of this material from the First Edition's Chapter 4).
• New short Part on Individual and Collective Rights discussing these concepts to this point in history, and serving as background to the direct debate on this topic in upcoming chapters.
New Part on Technological and Cultural Changes

Chapter 8 - Between Miller and Heller: The Second Amendment in the Modern Era
• Old Parts 8.A and 8.B on treatment of the Second Amendment in federal courts have been condensed into mostly a summary format into new Part 8.B
Part 8.C on the Social and Political history of the Second Amendment has been condensed.  Professor Kopel’s full length article, The Great Gun Control War of the Twentieth Century—and its Lessons for Gun Laws Today, 39 Fordham Urb. L.J. 1527 (2012), covers and expands upon this material.
• Old Part 8.D is expanded and broken into Parts 8.C-D
• Part 8.E on Emerson and Silveira, which were precursors to Heller, are removed and summarized into Notes & Questions in Chapter 10.

Chapter 8 - Between Miller and Heller: The Second Amendment and Gun Regulation in the Modern Era
• New Part 8.A on Cases and Tot, the first Circuit Court interpretations of Miller, moved here from Chapter 7.
• New Part 8.B condensing and summarizing the material in old Parts 8.A-C.
• Parts 8.C-D on Modern Federal Regulation of Firearms and Suing the Gun Industry include material from similar Part 8.D in old Chapter 8, expanded with material from Chapter 1 and other sources.
  Chapter 9 - The Right to Arms in the States
• New Chapter on state cases and constitutional provisions
Chapter 9 - The Supreme Court Affirms an Individual Right to Arms Chapter 10 - The Supreme Court Affirms an Individual Right to Arms
Chapter 11 - Applying the Affirmed Right to Arms
• Outdated and less relevant cases removed.
Chapter 11 - Applying the Affirmed Right to Arms
• Part on the Evolving Standard of Review added
• New and more relevant cases added.
Chapter 10 - Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation Online Chapter 12 - Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation
Online Chapter 13 - International Law Online Chapter 13 - International Law
Online Chapter 14 - Comparative Law Online Chapter 14 - Comparative Law
Online Chapter 15 - In-Depth Explanation of Firearms and Ammunition Online Chapter 15 - In-Depth Explanation of Firearms and Ammunition
Chapter 2.A-2.D.1 (everything save the British material that is now in the expanded Chapter 2) Online Chapter 16 - Early Second Amendment Influences
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