Duke Law’s New Center For Firearms Law Aims For ‘Rigorous And Balanced’ Second Amendment Scholarship

BY Herschel Smith
6 months, 1 week ago

Sure they do.

The Duke Center for Firearms Law is searching for a scholarly alternative to the politically charged national debate surrounding gun rights and regulation.

Joseph Blocher, Lanty L. Smith ’67 professor of law, and Darrell Miller, the Melvin G. Shimm professor of law, created the Center to advance non-partisan scholarship about the Second Amendment. The two co-directors are joined by Jake Charles, Law School ’13, as the Center’s executive director.

Blocher said there is a lack of reliable scholarship on the Second Amendment and the constitutional questions it raises. These legal questions are especially important after the 2008 District of Columbia v. Heller decision, in which the Supreme Court upheld the right to bear arms for individuals’ private purposes, including self-defense.

“I think that there’s not enough attention paid in the scholarly community to this really important and complex and interesting and nuanced set of questions,” he said.

Complex and nuanced.  Remember that.

Compared to the First and Fourteenth Amendments, Blocher said, the Second Amendment is seriously lacking in scholarship.

[ … ]

“One primary focus of my career has been how to accommodate two sometimes conflicting American traditions—that of gun rights and that of gun regulation,” Blocher said.

After law school, Blocher worked under Walter Dellinger III, who led the District of Columbia’s arguments in D.C. v. Heller and is now the Douglas B. Maggs professor emeritus of law at Duke. Blocher assisted with the briefing in support of the constitutionality of D.C.’s gun regulation.

[ … ]

Firearms law scholarship may also help create a middle ground in the current gun debate that is dominated by polarizing political views and the scholarship put out by advocates on both sides of the issue. Blocher and Charles hope that Second Amendment scholarship may help policymakers reach compromises that are both effective and constitutionally sound.

“People too often think that it’s a question of either rights or regulation—that if you support gun rights, then you can’t support any regulation and vice versa,” Blocher said. “And that’s just a false choice.”

Remember that too.  In their opinion the second amendment is seriously lacking in scholarship.  Shall not be infringed isn’t clear enough.  Let’s turn to another article on this same announcement, shall we?

He and Miller agree that gun rights scholarship is, by and large, unbalanced, suffering from hyper-partisanship and lack of rigor, which often make it even harder to find reasonable solutions to problems of gun violence. For example, there’s still scholarly disagreement on when a weapon is “dangerous and unusual,” and therefore unprotected by the Constitution; or the full extent of gun regulation in states and municipalities prior to the 1930s. “This has real consequences for firearms law and policy,” said Miller, the Melvin G. Shimm Professor of Law.  “The paucity of solid, balanced, responsible, and reliable scholarship on firearms law is bad for the academy, bad for the judicial system, and bad for the public.”

Hear that?  They’re here to protect you, dammit.  We need reasonable solutions to the wickedness of mankind resulting from federal headship in Adam.

Conceived as a resource by Saul Cornell, the Paul and Diane Guenther Chair in American History at Fordham University,  and created in partnership with researchers at Duke, Fordham University, and elsewhere, the repository contains more than 1,500 examples of American gun regulations as well as historical European regulations that informed U.S. lawmakers’ thoughts on the issue.

The Heller and McDonald opinions relied heavily on history to define the scope of the right to bear arms, said Miller. “In fact, Justice [Antonin] Scalia says in the Heller opinion that you understand the contours of the Second Amendment by reference to regulations that are longstanding.” Yet the repository reflects the first catalogue of historical regulations.

“Part of our goal, with the repository and with the center, is to correct the misconception that gun regulation is a brand-new phenomenon,” Blocher said. “The 1,500 examples in the repository are only a subset of the different ways guns have been regulated in the United States. Any legal or scholarly analysis of the Second Amiendment has to take into account this history of gun regulation.”

They intend to correct the notion that the constitution doesn’t really mean that lawmakers can’t pass gun regulation.  They’re going to prove it with examples of gun regulation.  Now, let’s fast forward to the end of this dreadful piece.

The Center for Firearms Law is supported by grants from the Katie McGrath & J. J. Abrams Family Foundation, Crankstart, Everytown for Gun Safety, the Joyce Foundation, Andrew Marks, Howard & Nancy Marks, and Arthur & Toni Rembe Rock.

Oh, okay then.  It all makes better sense now.  Everytown and the Joyce Foundation is at the root of this abortion.

No man can do only what God can do, which is bring peace among His people, and show men how to walk humbly before God and love his neighbor.  No law, no man, no regulation, no system of government, no ordinance, and no leader can accomplish what only the Almighty can do.  But they don’t really want to end polarization.  They just made that up.

Instead, this startup depends on money from Bloomberg and other money sources they didn’t earn and to which they have no right.  The intent is clearly to be a repository for gun control laws, as progressives continue to work towards control over every aspect of our lives.

The polarization to which they speak isn’t a result of guns, nor of leaders, nor of laws.  The polarization is a symptom of the larger issue of a society which is breaking apart because of disparate world views.

So here’s a suggestion for topic number 1 for the upstarts at this oh-so-scholarly center.  How many victims of mass shootings perished at the hands of state actors in the twentieth century?

Here’s another question for the “scholars.”  What does God have to say about gun control?


  1. On March 13, 2019 at 6:18 am, Mark Matis said:

    The Second Amendment exists because of what is in Congress today. And because of their “Law Enforcement” and “Legal” system enablers. They would all do well to remember that. Especially in light of the Rules of Engagement that they have already set. Not that they are ever anything other than true paragons of virtue:


  2. On March 13, 2019 at 7:52 am, Pat Hines said:

    Here’s the Second Amendment Law Library which lists Law Journals, there’s no shortage of them.


  3. On March 13, 2019 at 8:16 am, Heywood said:

    Scholars? Brwahaaaaa haaaaaa haaaaaa. That is funny!

  4. On March 13, 2019 at 8:24 am, Pat Hines said:

    I tried to find the Powtomack Institute, it appears to be gone. Here’s a reference to it


  5. On March 13, 2019 at 11:19 am, Fred said:

    Because without adding complexity (lies) and nuance (opinion) how can they destroy your future?

    The truth is ALWAYS simple and plain to understand.

    These people KNOW that self-defense is necessary and proper or they wouldn’t feel a need to defend themselves from your guns. See?

    This is the Natural Law of self-defense by Holy God written on every human heart and incorporated into every living being. (or that you got from your chimp cousin and a puddle of ooze, if you have a stunted and retarded sense of self and your worth)

    But, since all you want is to be let alone and aren’t an actual threat to them, they must have ill intent toward you. This is the evil of satan in a fallen world.

    How can I defend myself from them, purely for defense, without a gun? See? I can’t, making this a separation from God’s natural created order, aka Sin.

    To take my guns is an attempt to cause me to sin before Holy God. Making them the workers of inequity. Inequity causing inequality, injustice, and being unlawful. See?

    Simple, and plain, to understand.

    Gun owners are the new Negro.

  6. On March 14, 2019 at 1:33 pm, 41mag said:

    First question – do any of the members own firearms?

    Second question – do any of the members participate on the shooting sports?

    Third question – are any of the members athiest?

  7. On March 14, 2019 at 3:59 pm, Badger said:

    “…accommodate two sometimes conflicting American traditions—that of gun rights and that of gun regulation…”

    Their math is seriously flawed so “scholarship” is far from their primary worry.
    There is only one American tradition listed above.

  8. On March 14, 2019 at 8:16 pm, Henry said:

    “…accommodate two sometimes conflicting American traditions—that of gun rights and that of gun regulation…”

    That’s a lot like saying, “two sometimes conflicting American traditions — that of the right to life, liberty, and the pursuit of happiness; and that of chattel slavery.”

    Like FGM, just because something is a tradition doesn’t make it worth perpetuating.

RSS feed for comments on this post. TrackBack URL

Leave a comment

You are currently reading "Duke Law’s New Center For Firearms Law Aims For ‘Rigorous And Balanced’ Second Amendment Scholarship", entry #20746 on The Captain's Journal.

This article is filed under the category(s) Gun Control and was published March 12th, 2019 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (679)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (34)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (17)
Ammunition (78)
Animals (37)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (180)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (72)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (6)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (79)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (2)
Blogs (16)
Body Armor (18)
Books (3)
Border War (10)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (2)
Castle Doctrine (1)
Caucasus (6)
Center For a New American Security (8)
Charity (3)
China (10)
Christmas (10)
CIA (27)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (216)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (143)
Department of Homeland Security (22)
Disaster Preparedness (3)
Distributed Operations (5)
Dogs (12)
Donald Trump (20)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (29)
Featured (180)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,004)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (43)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (7)
Georgia (19)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,046)
Guns (1,505)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (13)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (20)
ICOS (1)
IEDs (7)
Immigration (83)
India (10)
Infantry (4)
Information Warfare (2)
Infrastructure (2)
Intelligence (23)
Intelligence Bulletin (6)
Iran (169)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (61)
Islamists (91)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (4)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (3)
Lawfare (7)
Leadership (5)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (258)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
Media (42)
Memorial Day (5)
Mexican Cartels (33)
Mexico (46)
Michael Yon (5)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (5)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (16)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (61)
NATO (15)
Navy (22)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (57)
Nuristan (8)
Obama Administration (218)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (6)
Patrolling (1)
Pech River Valley (11)
Personal (58)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (409)
Police in COIN (3)
Policy (15)
Politics (448)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (161)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (29)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (259)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (20)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (5)
Survival (26)
SWAT Raids (54)
Syria (38)
Tactical Drills (1)
Tactical Gear (4)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (17)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (8)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (18)
TSA Ineptitude (11)
TTPs (1)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (56)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (2)
Vietnam (1)
War & Warfare (220)
War & Warfare (40)
War Movies (3)
War Reporting (19)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (60)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2019 Captain's Journal. All rights reserved.