LMU Law Review

FEDERAL CIRCUIT SECOND AMENDMENT DEVELOPMENTS 2018

David B. Kopel & Joseph G.S. Greenlee

This Article provides a summary of federal circuit court cases decided in 2018. By the end of 2018, every circuit except for the Eighth has adopted a Two-Part Test for Second Amendment cases. In Part One, the court determines whether the challenged law burdens the Second Amendment right. If so, the court applies heightened scrutiny in Part Two. Courts in Second Amendment cases almost always apply intermediate scrutiny, but strict scrutiny and categorical invalidation are also available.

 

The Two-Part Test is detailed in our article, The Federal Circuits’ Second Amendment Doctrines. That article reviews every federal circuit Second Amendment case after District of Columbia v. Heller (2008), up to approximately August 2016.