Scholarship (ICLE)

In Denial About the Obvious: Upending the Rhetoric of the Modern Second Amendment

Abstract

In United States v. Rahimi, a criminal defendant with a history of violence asserted a Second Amendment right to possess firearms while under a domestic violence restraining order. The Court rejected his challenge and upheld the defendant’s conviction by an 8–1 vote. In so doing, the Court illustrated that its Second Amendment jurisprudence is a straightforward application of the centuries-old practice of common-law reasoning that is taught to first-year law students.

Read at SSRN.