Federal Circuit Second Amendment Developments 2018

Abstract

This Article analyzes federal circuit court Second Amendment cases decided in 2018. The federal circuits delivered mixed decisions on magazine bans, extended their split on whether bearing arms in public places is a viable constitutional right, upheld California’s ban on new model handguns, upheld New York City’s prohibition on taking handguns out of the city, and upheld the federal ban on purchasing handguns outside one’s state of residence. As in previous years, all challenges to the various categories of persons statutorily prohibited from exercising Second Amendment rights were rejected. The Fifth Circuit turned aside the claim that licensed carry at public colleges violates the Second Amendment, while the Ninth Circuit oversaw the demise of a handgun and self-defense ban in the Commonwealth of the Northern Mariana Islands.

Keywords: Second Amendment, Federal Circuit Courts of Appeal

JEL Classification: K14, K23, K41