A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the Court.
Eric J. Mogilnicki & Alexander Schultz, The Incomplete Record in New York State Rifle & Pistol Association v. City of New York, 73 SMU L. Rev. F. 1 (2020).
Further Related Reads
- Madeleine Giese, Note, Second Amendment: D.C. Circuit Court Creates Split on the Constitutionality of Good-Reason Laws, 71 SMU L. Rev. 591 (2018).
- Alex Ploor, Comment, Bearing the Burden of Denial: Observations of Lower Court Decisions Misapplying Supreme Court Precedent in Second Amendment Cases, 67 SMU L. Rev. 401 (2014).
- Stephen P. Halbrook, Firearms, the Fourth Amendment, and Air Carrier Security, 52 J. Air L. & Com. 585 (1987).