Commentary

Commentary index

MassFLC › Commentary

29 entries. These record what a body published. They are not law.

Commentary

'Assault Weapon' Bans: Unconstitutional Laws for a Made-Up Category of Firearms

'Assault Weapon' Bans: Unconstitutional Laws for a Made-Up Category of Firearms “ASSAULT WEAPON” BANS: UNCONSTITUTIONAL LAWS FOR A MADE-UP CATEGORY OF…

journals.law.harvard.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Bruen as Heller: Text, History, and Tradition in the Lower Courts

1 BRUEN AS HELLER: TEXT, HISTORY, AND TRADITION IN THE LOWER COURTS Leo Bernabei* The Constitution and conventional wisdom suggest that lower courts m…

fordhamlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Bruen's Enforcement Puzzle: Unearthing and Adjudicating the Historical Enforcement Record in Second Amendment Cases

1425 BR UEN’S E N FO R C EM EN T P UZZ LE : U NE A R THI NG A ND ADJ U DI C A TI NG THE HIS TO RI C A L EN F OR C EM EN T RE C OR D I N SE CO N D A ME…

ndlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Bruen's Ricochet: Why Scored Live-Fire Requirements Violate the Second Amendment

Bruen's Ricochet: Why Scored Live-Fire Requirements Violate the Second Amendment 1412 BRUEN ’S RICOCHET: WHY SCORED LIVE-FIRE REQUIREMENTS VIOLATE THE…

harvardlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Common Good Gun Rights

Common Good Gun Rights COMMON GOOD GUN RIGHTS DARRELL A. H. MILLER INTRODUCTION With Common Good Constitutionalism, Professor Adrian Vermeule has done…

journals.law.harvard.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Constitutional Law -- Second Amendment -- En Banc Fourth Circuit Upholds Maryland Assault Weapons Ban Under Bruen's 'Text and History' Test -- Bianchi v. Brown, 111 F.4th 438 (4th Cir. 2024) (en banc)

Constitutional Law -- Second Amendment -- En Banc Fourth Circuit Upholds Maryland Assault Weapons Ban Under Bruen's 'Text and History' Test -- Bianchi…

harvardlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Dangerous and Unusual: How Heller's Ahistorical Assumption Violates the Founders' Original Intent

Dangerous and Unusual: How Heller's Ahistorical Assumption Violates the Founders' Original Intent Volume 129Issue 3 Spring 2025 Dangerous and Unusual:…

insight.dickinsonlaw.psu.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

End the Popularity Contest: A Proposal for Second Amendment 'Type of Weapon' Analysis

End the Popularity Contest: A Proposal for Second Amendment 'Type of Weapon' Analysis Boston University School of Law Boston University School of Law …

scholarship.law.bu.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Firearms and Weapons Legislation up to the Early 20th Century

Firearms and Weapons Legislation up to the Early 20th Century Electronic copy available at: http://ssrn.com/abstract=2200991 1 Firearms and Weapons Le…

papers.ssrn.com ⚠ As published — not law
Commentary

Guided by History: Protecting the Public Sphere from Weapons Threats Under Bruen

SSRN - BLOCHERSIEGEL-AUTHREV2 - 7.31.23 (CLEAN).DOCX(DO NOT DELETE) 8/11/2023 1:40 PM XXX GUIDED BY HISTORY: PROTECTING THE PUBLIC SPHERE FROM WEAPONS…

www.nyulawreview.org ⚠ As published — not law
Commentary

Implementing the Right to Keep and Bear Arms After Bruen

1950 IMPLEMENTING THE RIGHT TO KEEP AND BEAR ARMS AFTER BRUEN Eugene Volokh* For a wide range of individual rights, the government can justify certain…

nyulawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Mass Violence and the Second Amendment: Analogizing Historical Prohibitions on Armed Groups to Modern Prohibitions on Assault Weapons and Large-Capacity Magazines

MASS VIOLENCE AND THE SECOND AMENDMENT: ANALOGIZING HISTORICAL PROHIBITIONS ON ARMED GROUPS TO MODERN PROHIBITIONS ON ASSAULT WEAPONS AND LARGE-CAPACI…

law.ua.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

On Sordid Sources in Second Amendment Litigation

On Sordid Sources in Second Amendment Litigation 30 Stanford Law Review Online Volume 76 August 2023 ESSAY On Sordid Sources in Second Amendment Litig…

www.stanfordlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

One Year Post-Bruen: An Empirical Assessment

One Year Post-Bruen: An Empirical Assessment COPYRIGHT © 2024 VIRGINIA LAW REVIEW ASSOCIATION 20 VIRGINIA LAW REVIEW ONLINE VOLUME 110 FEBRUARY 2024 2…

virginialawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Originalism After Dobbs, Bruen, and Kennedy: A Response to Critics

Originalism After Dobbs, Bruen, and Kennedy: A Response to Critics Copyright 2023 by Randy E. Barnett & Lawrence B. Solum Printed in U.S.A. Vol. 118, …

scholarlycommons.law.northwestern.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Originalism-by-Analogy and Second Amendment Adjudication

Originalism-by-Analogy and Second Amendment Adjudication 9 9 JOSEPHBLOCHER&ERIC RUBEN Originalism-by-Analogy and SecondAmendment Adjudication abstract…

yalelawjournal.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Restrictions 'Our Ancestors Would Never Have Accepted': The Historical Case Against Assault Weapon Bans

Restrictions 'Our Ancestors Would Never Have Accepted': The Historical Case Against Assault Weapon Bans Wyoming Law Review Wyoming Law Review Volume 2…

scholarship.law.uwyo.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The Coming Assault on Categorical Gun Prohibitions

The Coming Assault on Categorical Gun Prohibitions 77 STAN. L. REV. ONLINE 31 (2025) Ian Ayres & Fredrick E. Vars Ian Ayres is the Oscar M. Ruebhausen…

www.stanfordlawreview.org · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History

THE DEAD HAND OF A SILENT PAST: BRUEN, GUN RIGHTS, AND THE SHACKLES OF HISTORY JACOB D. CHARLES† A BSTRACT In June 2022, the Supreme Court struck down…

scholarship.law.duke.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The Fugazi Second Amendment: Bruen's Text, History, and Tradition Problem and How to Fix It

The Fugazi Second Amendment: Bruen's Text, History, and Tradition Problem and How to Fix It Cleveland State Law Review Cleveland State Law Review Volu…

engagedscholarship.csuohio.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The General-Law Right to Bear Arms

The General-Law Right to Bear Arms Notre Dame Law Review Notre Dame Law Review Volume 99Issue 4 Article 5 8-14-2024 The General-Law Right to Bear Arms…

scholarship.law.nd.edu ⚠ As published — not law
Commentary

The Historical Justification for Prohibiting Dangerous Persons from Possessing Arms

The Historical Justification for Prohibiting Dangerous Persons from Possessing Arms Wyoming Law Review Wyoming Law Review Volume 20Number 2 Article 7 …

scholarship.law.uwyo.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The Relevance of 'In Common Use' After Bruen

The Relevance of "In Common Use" After Bruen Jamie G. McWilliam\* \* J.D., Harvard Law School, 2022. B.S., Montana State University, 2018. Introductio…

journals.law.harvard.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

The Third Rails of Second Amendment Jurisprudence: Guidance on Deriving Historical Principles Post-Bruen

The Third Rails of Second Amendment Jurisprudence: Guidance on Deriving Historical Principles Post-Bruen Summer 2022 Harvard Journal of Law & Public P…

journals.law.harvard.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Time and Tradition in Second Amendment Law

Time and Tradition in Second Amendment Law Fordham Urban Law Journal Fordham Urban Law Journal Volume 51 Number 1 Public Health, History, and the Futu…

ir.lawnet.fordham.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Trouble Bruen For Assault Weapon Bans: A Feature-Based Analysis of the Second Amendment

Trouble Bruen For Assault Weapon Bans: A Feature-Based Analysis of the Second Amendment 135 Trouble Bruen For Assault Weapon Bans: A Feature-Based Ana…

huskiecommons.lib.niu.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Two Wrongs Don't Make a Right: The Fourth Circuit Sidesteps Supreme Court Precedent in Upholding an Assault Weapon Ban in Bianchi v. Brown

Two Wrongs Don't Make a Right: The Fourth Circuit Sidesteps Supreme Court Precedent in Upholding an Assault Weapon Ban in Bianchi v. Brown Volume 70Is…

digitalcommons.law.villanova.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

Understanding Gun Law History After Bruen: Moving Forward by Looking Back

Understanding Gun Law History After Bruen: Moving Forward by Looking Back Fordham Urban Law Journal Fordham Urban Law Journal Volume 51 Number 1 Publi…

ir.lawnet.fordham.edu · last visited Sept. 16, 2026 ⚠ As published — not law
Commentary

What Part of 'In Common Use' Don't You Understand?: How Courts Have Defied Heller in Arms-Ban Cases--Again

Fall 2023 Harvard Journal of Law & Public Policy Per Curiam No. 41 WHAT PART OF "IN COMMON USE" DON'T YOU UNDERSTAND?: HOW COURTS HAVE DEFIED HELLER I…

journals.law.harvard.edu · last visited Sept. 16, 2026 ⚠ As published — not law