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Section One

Perceiving and Measuring Judicial Defiance of Heller

Federal courts have systematically refused to enforce the mandate laid down by the U.S. Supreme Court in District of Columbia v. Heller. The underenforcement has its roots in a "cultural imperialism" under which it has become socially acceptable, in many circles, to villainize and overcriminalize firearm owners and their firearms. It is common knowledge among Second Amendment scholars and litigators that courts, sometimes going as far as adopting the language of this moral panic, have deliberately (though not uniformly) applied legal standards in ways that are far too deferential to restrictive gun laws. Yet although intuition is, even under statistical theory, an important part of answering the judicial-defiance question, it is far more reliable when coupled with empirical data. One recent empirical study suggests that courts are actually generous to Second Amendment claims. But a comprehensive analysis shows this conclusion to be premature.

Professor George Mocsary
Southern Illinois University School of Law

A Survey of Current Second Amendment Litigation – including the new U.S. Supreme Court Case, NYSRPA v. City of New York

Mr. Thompson will address important cases pending in the federal courts relating to the Second Amendment, including New York State Rifle and Pistol Association vs. City of New York which will be heard by the Supreme Court later this year. Topics will include the right to carry a firearm, the right to standard capacity magazines, the rights of young adults to keep and bear arms, invidious taxation schemes, and related topics.

David Thompson
Managing Partner, Cooper & Kirk, PLLC