49 min

Episode 3: Oliver Krawczyk: (Part 2). Continued Conversation With Oliver Krawczyk About The Supreme Court's Heller And Bruen Decisions, And A Future Texas Case The Dickinson Law Review Podcast

    • Social Sciences

Continued conversation with the Executive Articles Editor of the Dickinson Law Review, Oliver Krawczyk. The continuing discussion revolves around Oliver's recent comment, entitled "Dangerous and Unusual: How an Expanding National Firearms Act Will Spell Its Own Demise," published at 127 Dick. L. Rev. 273 (2022). The comment as well as the discussion center on the Second Amendment, the Supreme Court's jurisprudence on that Amendment, especially in light of the D.C. v. Heller and New York State Rifle & Pistol Association v. Bruen decisions. Oliver argues that Heller's language affording Second Amendment protections to firearms “in common use” and those “typically possessed by law-abiding citizens for lawful purposes,” but not those that are “dangerous and unusual,” and Bruen's historical analytical test lead to the conclusion that the ATF's restrictions on several firearms and accessories are unconstitutional. Finally, the discussion traverses the future of this point of view, and a key citation to Oliver's citation in a brief by the Attorney General of Texas in the upcoming case Texas v. ATF.

Continued conversation with the Executive Articles Editor of the Dickinson Law Review, Oliver Krawczyk. The continuing discussion revolves around Oliver's recent comment, entitled "Dangerous and Unusual: How an Expanding National Firearms Act Will Spell Its Own Demise," published at 127 Dick. L. Rev. 273 (2022). The comment as well as the discussion center on the Second Amendment, the Supreme Court's jurisprudence on that Amendment, especially in light of the D.C. v. Heller and New York State Rifle & Pistol Association v. Bruen decisions. Oliver argues that Heller's language affording Second Amendment protections to firearms “in common use” and those “typically possessed by law-abiding citizens for lawful purposes,” but not those that are “dangerous and unusual,” and Bruen's historical analytical test lead to the conclusion that the ATF's restrictions on several firearms and accessories are unconstitutional. Finally, the discussion traverses the future of this point of view, and a key citation to Oliver's citation in a brief by the Attorney General of Texas in the upcoming case Texas v. ATF.

49 min