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papers.ssrn.com/sol3/papers.cf… In Second Amendment cases, judges are supposed to look to text, history, and tradition. Today’s 4th Circuit op. in Bianchi by Judge Wilkinson could not have flubbed the test any worse by focusing solely on self-defense against crime. My new paper explains.

Does anyone know where NYC gets statutory authority to unilaterally change the pistol license rules? I thought a condition of New York pistol licenses under state law was that the applicant live or work in the jurisdiction.

I think this holding is correct for reasons I explained in an old article "May I See Your License? Terry Stops and License Verification" (papers.ssrn.com/sol3/papers.cf…). This case contrasts with the 1st Cir.'s unfortunate decision in Schubert v. Springfield, 589 F.3d 496 (2009).

Hot off the press, "The General-Law Right to Bear Arms," written with William Baude.

Am I reading the decision wrong? It looks to me that the Ninth Circuit *upheld* the prohibition on carrying firearms on private property without getting affirmative consent (what Chuck Michel here calls the "Vampire Rule"). I thought they just struck down California's version.

The Ninth Circuit just upheld Hawaii's firearms ban on all private property without the consent of the owner. This decision nullifies Bruen in Hawaii because it will be virtually impossible to carry a firearm in public. I explain more in this old post: firearmslaw.duke.edu/2022/12/pretex…

[Eugene Volokh] Prof. Robert Leider (GMU): Are Parents Responsible for School Shootings Committed by their Children? ift.tt/ONmax5G

In this blog post, Saul Cornell and Megan Walsh write, "[T]he obligation to participate in the militia was a duty, not a right." This statement is correct. But it also illustrates how collective-rights theorists have no credible positive account of what the 2A right is.

“There was a lot of disagreement in the lower courts before Rahimi,” Prof. William Baude told Bloomberg Law. “And a lot of the same disagreements are continuing after Rahimi, and will continue until the Court decides some more Second Amendment cases.” buff.ly/47pPKIF