Heller in the Lower Courts

Sarah H. Ludington, Campbell University School of Law
Brannon Denning, Associate Dean and Professor of Law, Cumberland School of Law, Samford University
Dennis Henigan, Former Vice President, Brady Center to Prevent Gun Violence, and current Director of Legal and Regulatory Affairs at Campaign for Tobacco-Free Kids
David Kopel, Research Director, Independence Institute; Associate Policy Analyst, Cato Institute; Adjunct Professor of Law, Denver University, Sturm College of Law
Hannah Shearer, Staff Attorney and Second Amendment Litigation Director, Giffords Law Center to Prevent Gun Violence

Description

A discussion of how federal circuit courts have applied Heller, with a focus on lower court views of Heller’s holding and scope, the extent to which Heller provides a general framework for constitutional analysis in Second Amendment cases, what guidance Heller provides for resolving cases involving the right to arms in public places, the development of analytical frameworks beyond Heller, and whether lower courts have given proper deference to Heller in their Second Amendment decisions.