N.Y.U. Proceedings

Exploring New Approaches to Unsettled Legal Questions

Tag: Second Amendment

A Call for Sensible Gun Reform Outside of the Home

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On April 15, 2019

In Notes

by Michael Treves*

Does the Second Amendment protect an absolute right to carry a firearm in public places for self-defense? In this Contribution, Michael Treves (’19) reviews the text and history of the Second Amendment and Supreme Court precedent, and assesses the application of the Second Amendment outside of the home. Ultimately, this Contribution argues that the “core” of the Second Amendment does not extend outside of the home, and thus public carry laws do not regulate conduct within the scope of the Second Amendment.

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Immigration and the Second Amendment: Why Undocumented Immigrants Are Entitled to the Fundamental Right to Possess Firearms

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On October 22, 2018

In Contributions

by Kathy Buckalew*

Do undocumented immigrants have Second Amendment rights? Can they be categorically banned from possessing firearms? In this Contribution, Kathy Buckalew (’19) examines the constitutionality of a categorical ban on possession of firearms and ammunition by undocumented immigrants. The Contribution argues that undocumented immigrants living in the United States have the same individual right to keep and bear arms for purposes of self-defense as do United States citizens. Therefore, undocumented immigrants cannot be categorically prohibited from possessing firearms absent an affirmative showing by the government that such a prohibition is substantially related to the achievement of an important government interest.

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Permitting Around the Constitution: Gun License Process After Heller

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On April 23, 2018

In Contributions

by Deepa Devanathan*

To what extent can state actors limit an individual’s Second Amendment right after District of Columbia v. Heller? In this Contribution, Deepa Devanathan (’19) argues that to properly balance Second Amendment rights with a State’s need to protect people from gun violence, gun permit schemes that cover both open carry and concealed carry must include a procedural right to appeal permit denials and “good cause” requirements to get permits.

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Marden Series: Understanding the Second Amendment After Heller

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On March 1, 2017

In Contributions

by Sarah Goodfield*

Do state laws that condition the issuance of concealed carry permits on an applicant’s showing of “good cause” unconstitutionally burden those applicants’ Second Amendment rights? Sarah Goodfield (’17) explores this question, raised at the 2016 “Fall” Marden Competition, at the New York University School of Law. Generally, “good cause” restrictions require that applicants show some special reason for carrying a concealed weapon. Writing from the perspective of the 2016 “Fall” Marden respondent, this Contribution analyzes “good cause” requirements in their historical and legal context, and ultimately concludes that such restrictions do not burden core Second Amendment rights.

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Marden Series: The Simple Path to Protecting Second Amendment Rights

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On March 1, 2017

In Contributions

by Andrew Debbins*

Do state laws that condition the issuance of concealed carry permits on an applicant’s showing of “good cause” unconstitutionally burden those applicants’ Second Amendment rights? Andy Debbins (’17) addresses this question, raised at the 2016 “Fall” Marden Competition, at the New York University School of Law. Generally, “good cause” restrictions require that applicants show some special reason for carrying a concealed weapon. Writing from the perspective of the 2016 “Fall” Marden petitioner, this Contribution argues that a simple, straight-forward reading of the Second Amendment renders “good cause” restrictions unconstitutional.

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