Gun Rights & Regulation

President Trump has strongly aligned himself with advocates of gun rights—most prominently, by supporting concealed carry reciprocity legislation and revoking key Obama-era regulations.

Versus Trump: Two Guns Cases, And More

12/5/19  //  Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Why Regulate Guns?

11/30/19  //  Commentary

When the Supreme Court considers an important Second Amendment case this week, it ought to consider a robust conception of the state's interest in regulating firearms. Properly understood, the state's interest in adopting gun laws includes much more than mere empirical studies about how effective gun laws are at preventing wrongful gun deaths.

Reva Siegel

Yale Law School

Joseph Blocher

Duke Law School

How Many Bullets Do You Need?

9/4/19  //  Commentary

Various jurisdictions that have banned large-capacity magazines define large-capacity differently. So how many bullets are enough under the Second Amendment?

Michael C. Dorf

Cornell Law School

Symmetric Constitutionalism for a Polarized Era

10/30/18  //  Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Versus Plastic Guns

8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Russia Check-In

3/1/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

The fact that raising the issue of ownership of semiautomatic weapons in a confirmation hearing caused the nomination to be put on hold is a sad development. DOJ officials indicated they cannot regulate sales of gun bump ammunition stocks absent Congressional guidance, but momentum for gun control is quickly waning in Congress.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

An Ohio court suggested that a ban on firearms in a restraining order may violate the Second Amendment.

Jeffrey Stein

Columbia Law School

Updates | The Week of October 16

10/21/17  //  Daily Update

Sen. Feinstein argues Congress must act to close the loophole for bump stocks, used in the Las Vegas shooting, in the Firearms Owners Protection Act.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Calls for stricter gun regulations followed the devastating mass shooting in Las Vegas, while the White House said it was too soon to discuss such measures.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The D.C. Circuit struck down D.C.'s 'good reason' conceal and carry law.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

As part of their Information Wars Series, Leah Litman and Helen Klein Murillo argue that the Administration is pursuing a dangerous "don't investigate-so-you-can-deny" policy with gun violence research.

Constitutional Hurdles for Concealed Carry Reciprocity

3/16/17  //  In-Depth Analysis

President Trump favors federal legislation requiring states to recognize concealed carry licenses issued by other states. But that policy rests on shaky constitutional foundations.

Joseph Blocher

Duke Law School

Slavery and the Right to Travel Armed: A Short History Lesson

7/31/17  //  Commentary

By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.

Take Care

Constitutional Arithmetic Post-Charlottesville: Sometimes One Plus One Equals Zero

8/20/17  //  Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

Michael C. Dorf

Cornell Law School

The D.C. Circuit Breaks New Second Amendment Ground

7/27/17  //  In-Depth Analysis

A recent D.C. Circuit decision created—for the moment, at least—an arguable circuit split on a very important issue.

Joseph Blocher

Duke Law School

Information Wars Part IV: Doing Violence To Sensible Policy on Guns

4/19/17  //  Commentary

The Trump administration’s efforts to disguise the facts by not deigning to look for them—and discouraging others from doing so—resemble the United States’ policy on research related to gun violence and gun possession.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

Do 18 Year Olds Have a Constitutional Right to Guns?

2/27/18  //  Commentary

What would real intermediate scrutiny of firearms regulations look like?

Michael C. Dorf

Cornell Law School

Versus Trump: Are There Lawsuits About Gun Regulation?

2/22/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They focus on one set of Versus Trump lawsuits in this area: suits by the Gabby Giffords Law Center to Prevent Gun Violence requesting any Trump Administration records that would show the influence of the gun lobby on the Administration. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, commentators debated the constitutional basis for a federal concealed carry reciprocity mandate.