SSRN's State of The Second Amendment Report for 2017-2018 Is Now Out

Numerous Circuit and US Supreme Court cases are outlined in detail, giving a clear picture of our gun rights

Published Monday, January 21, 2019 10:50 pm
Gun Rights Watch article by GRW Chief Editor

The SSRN, formerly known as the Social Science Research Network, has released its annual research paper detailing major Second Amendment court decisions for the one year period starting on July 31st, 2017 and ending August 1st, 2018. Seventeen well-documented cases of that year are profiled, with notable dissenting opinions on more than a few. We have a breakdown on those.

The full report was written by David B. Kopel of the Independence Institute; Denver University - Sturm College of Law and by Joseph Greenlee of the Millennial Policy Center.

So, what is the SSRN?

From the SSRN's website:

SSRN is a worldwide collaborative of over 352,400 authors and more than 2.2 million users that is devoted to the rapid worldwide dissemination of research. Founded in 1994, it is now composed of a number of specialized research networks. Each of SSRN's networks encourages the early distribution of research results by reviewing and distributing submitted abstracts and full text papers from scholars around the world. SSRN encourages readers to communicate directly with other subscribers and authors concerning their own and other's research. Through our email abstract eJournals we currently reach over 400,000 people in approximately 140 different countries.
SSRN's email abstract eJournals cover over 1,000 different subject areas. The Abstract Database contains information on well over 756,400 scholarly working papers and forthcoming papers. The eLibrary currently contains over 639,200 downloadable electronic documents in Adobe Acrobat PDF format. Our users are downloading over 12 million full-text papers annually.

Just to be clear, most of the opinions they took no issue with and applauded their outcomes.

What Are the Key Points of Dissent?

  • The Sixth Circuit issued a decision upholding a lifetime firearms prohibition for a misdemeanor committed by a man decades previously. This one they seemed to simply outright disagree with.
  • The Fifth Circuit decision upholding a ban on handgun sales by FFLs to residents of other states wasn't outright disagreed with, but they felt that it had questionable reasoning.
  • The Ninth Circuit's opinion upholding a ban on all new gun stores in one county was lambasted extensively, both for "superficial analysis" and for "shoddy history."
  • The Second Circuit gets a vicious tongue lashing by them for the egregious trampling of rights that is commonplace in New York City, stating that if they treated the Second Amendment as a second-class right it would be an improvement over the current situation there.
  • They even go so far as to scold the US Supreme Court itself for allowing the Ninth Circuit to nullify the right to bear arms, but they point out that the subsequent Young decision may have the eventual effect of negating this bad opinion all by itself.

An important ray of light at the end of the tunnel comes when they praise the US territory of the Northern Mariana Islands for finally doing away with the racial ban, handgun ban, and self-defense ban that was a black stain on the civil rights of those people for so long.

You can read the full 28-page report here.