- Publication Date
- August 2, 2023
- Nicholas James Johnson, David B. Kopel, George A. Mocsary, E. Gregory Wallace, Donald Kilmer
- This 2023 Supplement begins with Bruen, including a short introduction setting up the case. Unlike for the 2022 Supplement (which is still available on the book’s website), we have edited the case for this version.
Chapter 12.A of the textbook provides a summary of “Rules from Heller and McDonald.” We do the same for Bruen. As post-Bruen cases are decided, you can observe how lower court opinions implement Bruen’s rules.
After the Bruen material, this Supplement then proceeds in the usual manner for supplements. For the sections in the textbook for which there is new material (mainly Chapters 8-9 and 13-16), a parallel section of the Supplement describes important new cases, statutes, regulations, or scholarship.
We have also updated the online chapters.
Of the statutory changes in the textbook was published, the most important was amendments of the main national gun control law, the Gun Control Act, in June 2022. Prof. Robert Leider describes the amendments and also considers some possible practical or interpretive problems.
The most important regulatory change was the 364-page “Frame or Receiver” regulation from ATF. It is explained in legal education materials from the law firm Reeves & Dola. As this Supplement is written, that rule is presently the subject of a nationwide injunction, for not being compliant with the Gun Control Act’s definitions of various items.
The vast majority of post-Bruen decisions thus far have been district court opinions on motions for a preliminary injunction or motions to dismiss. In this Supplement, we typically summarize those cases, rather than excerpting them.
We do provide excerpts from some leading decisions, including the Fifth Circuit’s Rahimi case, which held 18 U.S.C. § 922(g)(8) to be facially unconstitutional. That case, involving civil restraining orders in domestic cases, will be heard by the U.S. Supreme Court in the term that begins in October 2023.
- Recommended Citation
- Johnson, Nicholas James and Kopel, David B. and Kopel, David B. and Mocsary, George A. and Wallace, E. Gregory and Kilmer, Donald, 2023 Supplement for Firearms Law and the Second Amendment: Regulation, Rights, and Policy (3d. ed.) (August 2, 2023). Aspen Publishers, Available at SSRN: https://ssrn.com/abstract=