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Firearms Law and the Second Amendment, Second Edition

Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea


  • ISBN: 9781454876441

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  • Description

    Firearms Law and the Second Amendment: Regulation, Rights, and Policy, Second Edition by Nicholas J. Johnson, David B. Kopel, George A. Mocsary, and Michael P. O’Shea is the first and only traditional law school casebook to cover the subject. It provides a comprehensive treatment of cases and materials before and after the U.S. Supreme Court’s landmark cases in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), which affirmed the constitutional right to private firearm possession and use, and made the right enforceable against the states. From days of Anglo-Saxon King Alfred’s militia in the eighth century through the latest cases on electric stun guns and 3-D printed firearms, this casebook covers all aspects of firearms law, policy, and regulation. Rather than looking at arms laws in isolation, the book pays careful attention to changing contexts in race, class, religion, technology, and politics. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. 

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  • Details
    Page Count 1416
    Published 10/04/2017
  • Additional Product Details

    Detailed Table of Contents (PDF Download)

    Summary of Contents


    1. Social Science
    2. Arms Rights, Arms Duties, and Arms Control in the United Kingdom
    3. The Colonies and the Revolution
    4. The New Constitution
    5. The Right to Arms, Militias, and Slavery in the Early Republic and Antebellum Periods
    6. The War, Reconstruction, and Beyond

    7. A New and Dangerous Century
    8. Between Miller and Heller: The Second Amendment and Gun Regulation in the Modern Era
    9. The Right to Arms in the States

    10. The Supreme Court Affirms an Individual Right to Arms
    11. Applying the Affirmed Right to Arms
    12. Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation
    13. International Law
    14. Comparative Law
    15. In-Depth Explanation of Firearms and Ammunition
    16. Early Second Amendment Influences

    Table of Cases
    Table of Authorities
    Table of Statutes, Constitutions, and Regulations

  • Author Information

    George A. Moscary

    George Mocsary joined the University of Wyoming in the July of 2019. Prior to his appointment at Wyoming, he served as an Assistant Professor of Law at the Southern Illinois University School of Law, and spent two years as a Visiting Assistant Professor at the University of Connecticut School of Law. He entered academia after having practiced corporate and bankruptcy law at Cravath, Swaine and Moore in New York. Before that, he clerked for the Honorable Harris L. Hartz of the U.S. Court of Appeals for the Tenth Circuit.

    Professor Mocsary holds a J.D. from Fordham Law School where he graduated first in his class and summa cum laude. He also served as Notes and Articles Editor of the Fordham Law Review, and was the recipient of the Benjamin Finkel Prize for Excellence in Bankruptcy and Fordham Law Alumni Association Medal in Constitutional Law. Before going to law school, Professor Mocsary earned his M.B.A. from the University of Rochester Simon School of Business and ran a successful management consulting practice.

    Professor Mocsary is a co-author of Firearms Law and the Second Amendment: Regulation, Rights, and Policy (2nd ed. 2017), the first casebook on its topic. He has also published in the George Washington Law Review, George Mason Law Review, Fordham Law Review, and other journals. His work has been cited by the Supreme Court of the United States.

    David B. Kopel

    David B. Kopel earned his JD, magna cum laude, from the University of Michigan, and his BA, with Highest Honors in History, from Brown University. He is Research Director of the Independence Institute, a public policy research organization in Golden, Colorado, and is an Associate Policy Analyst with the Cato Institute, in Washington, D.C.
    Kopel is one of several contributors to The Volokh Conspiracy, a group weblog of law professors. He has written hundreds of opinion articles for periodicals such as the Wall Street Journal, New York Times, Los Angeles Times, and Denver Post.
    He is the author of 12 books, and 72 scholarly articles published in journals such as the Michigan Law Review, University of Pennsylvania Law Review, SAIS Review, and the Brown Journal on World Affairs. His topics include constitutional law, international law, criminal justice, technology, antitrust, media issues, and environmental policy. He has contributed entries to nine academic encyclopedias, and served on the Board of Editors for one.
    His research has been cited by eight state supreme courts, three federal circuit court of appeals, and over five hundred law review articles.
    Before joining the Independence Institute, he served as an Assistant Attorney General for the State of Colorado, dealing with enforcement of hazardous waste, Superfund, and other environmental laws. In 1998-99, he served as an Adjunct Professor of Law at New York University. From 2001 to 2009 he was a media columnist for the Rocky Mountain News.
    At Brown University, his thesis on Arthur M. Schlesinger, Jr., was awarded the National Geographic Society Prize.

    Nicholas J. Johnson

    Nicholas J. Johnson is currently a Professor of Law at Fordham University School of Law.

    Michael P. O' Shea

    Michael P. O’Shea is an Associate Professor of Law at Oklahoma City University School of Law.

    Professor O’Shea’s research focuses on what might be called the &"confrontational” parts of the U.S. Constitution’s Bill of Rights, particularly the Second Amendment, which protects the right to keep and bear arms, and the Confrontation Clause of the Sixth Amendment, which protects the right to face-to-face cross-examination in criminal trials. He is also interested in state constitutions and state court approaches to legal interpretation. He serves as the Associate Director of OCU Law’s Center for State Constitutional Law and Government.
    Before coming to OCU in 2006, O’Shea practiced commercial litigation with Lathrop & Gage, L.C., in his hometown of Kansas City, Missouri, and with Mayer, Brown, Rowe & Maw LLP in Chicago. He also served as a law clerk to Chief Judge Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit and to Judge John R. Gibson of the U.S. Court of Appeals for the Eighth Circuit.

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