Transition Guide to the Third Edition

Firearms Law and the Second Amendment
by
Nicholas J. Johnson, David B. Kopel, George A. Mocsary, E. Gregory Wallace, Donald Kilmer

The below table cross-references materials between the first, second, and third editions. Although major additions vis-à-vis previous editions are noted, all materials in each new edition has been updated with the latest cases, legislative developments, and research. A summary of this information may be downloaded for your convenience here.

First Edition

Second Edition

Third Edition

Chapter 12 – Social Science

Chapter 1 – Social Science

Chapter 1 – Firearms Facts, Data, and Social Science

Part 2.D.2 – England

 

 

 

Chapter 2 – Arms Rights, Arms Duties, and Arms Control in the United Kingdom

  • Expanded material on the British law and history of arms bearing.

Chapter 2 – English Arms Rights, Duties, and Controls

  • Condensed from the second edition, with new research added.

[Infra Chapter 22 – Arms Laws of the United Kingdom

  • Full length treatment of British arms bearing rights, duties, and controls.]

 

 

Parts 3.A through 3.B – Firearms Control in the Colonies; Firearms, Self-Defense, and Militias in Pre-Revolutionary America

Part 3.A – Arms Rights in Colonial Charters

 

Part3.B – Firearms Control in the Colonies

 

 

Part 3.C – Personal and Collective Defense Ideology in Pre-Revolutionary America

Chapter 3.D – Arms Technology, Tactics, and Culture in the Colonies

Part 3.A – Arms Rights in Colonial Charters

 

Part 3.B – Firearms Control in the Colonies

 

Part 3.C – Indians: Trade and Resistance

Part 3.D – Personal and Collective Defense Ideology in Pre-Revolutionary America

Chapter 3.E – Arms Technology, Tactics, and Culture in the Colonies

Parts 3.C through 3.F – The British Crackdown; Arms and the American Revolution; The Articles of Confederation; The Right to Arms, Standing Armies, and Militias in the Early State Constitutions and Statutes

Parts 3.E through 3.H – The British Crackdown; Arms and the American Revolution; The Articles of Confederation; The Right to Arms, Standing Armies, and Militias in the Early State Constitutions and Statutes

Chapter 4 – The American Revolution and Independence

Parts 4.A through 4.D – Standing Armies, Militias, and Individual Rights: The Constitutional Convention of 1787; State Ratification Conventions; Commentary During the Ratification Period; The Second Amendment

 

Part 4.E – Post-Ratification

Parts 4.A through 4.D – Standing Armies, Militias, and Individual Rights: The Constitutional Convention of 1787; State Ratification Conventions; Commentary During the Ratification Period; The Second Amendment

Part 4.E – Arms Technology at the Time of the Second Amendment

Part 4.F – Post-Ratification

Chapter 5 – The New Constitution

Parts 5.A through 5.B – Militias as a Military and Political Force in the post-Revolutionary Period; Antebellum Case law on the Right to Arms under State and Federal Constitutions

 

 

 

 

Parts 5.C through 5.E– Weapons Control and Southern Culture; The Right to Arms and Slavery; Antebellum Legal Commentary on the Right to Arms

Parts 5.A through 5.B – Militias as a Military and Political Force in the post-Revolutionary Period; Antebellum Case law on the Right to Arms under State and Federal Constitutions

 

 

 

Part 5.C – Changes in Arms Technology

Parts 5.D through 5.F– Weapons Control and Southern Culture; The Right to Arms and Slavery; Antebellum Legal Commentary on the Right to Arms

Chapter 6 – The Right to Arms, Militias, and Slavery in the Early Republic and Antebellum Periods

  • Part 6.A renamed to Wars and Rumors of Wars.
  • Part 6.A contains a new Section on Indian Wars.
  • Part 6.B contains a new Section on Surety of the Peace statutes.
  • All other material is present in this edition.



Parts 6.A through 6.B – The Initial Southern Response to Black Freedom; The Congressional Response: The Fourteenth Amendment, The Freedmen’s Bureau Acts, and the Civil Rights Act

 

Parts 6.C through 6.D – Labor Agitation and the Repressive Response; Nineteenth-Century Commentary

 

Parts 6.E through 6.F – Late Nineteenth-Century State Laws and Cases; State Constitutions at the Turn of the Century

Part 6.G – The Self-Defense Cases

Part 6.A – Disarmament of Whites and Armament of Blacks

Parts 6.B through 6.C – The Initial Southern Response to Black Freedom; The Congressional Response: The Fourteenth Amendment, The Freedmen’s Bureau Acts, and the Civil Rights Act;

 

Parts 7.D through 7.E – Labor Agitation and the Repressive Response; Nineteenth-Century Commentary

Part 6.F – Technological and Cultural Changes

Parts 6.G through 6.I – Late Nineteenth-Century State Laws and Cases; State Constitutions at the Turn of the Century

Part 6.I – The Self-Defense Cases

Part 7.A – Disarmament of Whites and Armament of Blacks

Parts 7.B through 7.C – The Initial Southern Response to Black Freedom; The Congressional Response: The Fourteenth Amendment, The Freedmen’s Bureau Acts, and the Civil Rights Act

Part 7.D – Indians

Parts 7.E through 7.F – Labor Agitation and the Repressive Response; Nineteenth-Century Commentary

Part 7.G – Technological and Cultural Changes

Parts 7.H through 7.I – Late Nineteenth-Century State Laws and Cases; State Constitutions at the Turn of the Century;

Part 7.J – Self-Defense

  • Part 6.G (first edition)/Part 6.I (second editions) is now Section 7.J.1.
  • Additional Sections added to Part 7.J on Self-Defense (generally); Self-Defense by Prohibited Persons; Self-Defense Against Police Officers; and Stand Your Ground

Part 7.A – Immigration, Labor Unrest, and Alcohol Prohibition

4.F – Federal and State Military Forces of Today

 

 

 

Part 7.B – The Federal Government Begins to Act 


 

 

 

Part 7.D – Miller’s Aftermath: The Shrinking Second Amendment

Part 7.C – National Firearms Act Regulation Today; Section 8.D.1 – The Challenge of Defining Specially Regulated Firearms; Section 8.D.5 – Policing Illegal Guns

Part 7.E – Armed Citizens and the Second World War

 

Part 7.A – Aliens

Part 7.B – Changes in the Militia, and Other Federal and State Military Forces

 

Part 7.C – Changes in Arms Technology

Part 7.D – New Federal and State Laws

  • Part 7.B (first edition) is now Section 7.D.7.
  • Part 7.D contains new Sections on general Social Background; Concealed Carry; The Uniform Firearms Act; Laws on Semi-Automatic and Pump-Action Firearms; The Mailing of Firearms Act; and Congressional Legislation for the District of Columbia.

Part 8.A – Two Early and Pivotal Lower Court Interpretations of Miller

Part 7.E – National Firearms Act Regulation Today

  • All of Section 8.D.1 (first edition) and Staples v. United States from Section 8.D.5 (first edition) are now included in Section 7.E.4.

Part 7.F – Armed Citizens and the Second World War

Part 7.G – Individual and Collective Rights

Part 8.A – Aliens

Parts 8.B – Changes in the Militia, and Other Federal and State Military Forces

  • Part 8.B contains new Sections on Guns in Schools and Letters of Marque and Reprisal.

Part 8.C – Changes in Arms Technology

Part 8.D – New Federal and State Laws

 

 

 

 

  • Part 7.D (first edition)/ Part 8.A (second edition) is now Section 8.D.8.

Part 7.E – National Firearms Act Regulation Today

 

 

Part 8.F – Armed Citizens and the Second World War

Part 8.G – Individual and Collective Rights

Part 8.A – The Second Amendment in the Lower Federal Courts

Part 8.C – The Social and Political History of the Right to Arms Between Miller and Heller

Part 8.B – Six Decades of Cryptic Supreme Court References to the Second Amendment

 

 

Part 8.D – Federal Regulation of Firearms in the Modern Era; Section 8.B.4 – Felons and the Right to Arms

 

 

 

 

 

 

Section 8.D.6 – Regulation by Litigation: Suing the Gun Industry and the Legislative Response

 

Part 8.E – On the Threshold of an Individual Right to Arms: Full Engagement of the Second Amendment by the Fifth and Ninth Circuit

 

 

 

Part 8.B – The Second Amendment in the Latter Twentieth Century

 

 

Part 8.C – Modern Federal Regulation of Firearms: The Gun Control Act of 1968, Its Amendments, and Administrative Regulations; Section 11.D.1 – Convicted Criminals

  • Section 8.B.4 (first edition) is now Section 8.C.1.

 

 

 

 

 

Part 8.D – Suing the Gun Industry and the Legislative Response: The Protection of Lawful Commerce in Arms Act

  • Section 8.D.6 (first edition) is now Part 8.D.



Part 9.A – The Social and Political History of the Right to Arms in the Modern Era

Part 9.B – The Second Amendment in the Later Twentieth Century

  • Additional Section added to Part 9.B on Firearms Freedom Acts and Second Amendment Sanctuaries.

Part 9.C – Modern Federal Regulation of Firearms: The Gun Control Act

  • Section 8.B.4 (first edition)/Section 8.C.1 (second edition) is now Section 8.C.2.a – Right to Counsel.
  • Wesson v. Town of Salisbury from Section 11.D.1 (second edition) is now summarized in Section 9.C.3.c
  • Additional Sections added to Part 9.C on an Overview of the Gun Control Act; Due Process and the GCA (including Mens Rea and Extraterritoriality); Prohibited Persons under the GCA, GCA Penalties; and Restoration of Rights.

Part 9.D – Layers of Regulation: Agency Rules and Agency Guidance

Part 9.E – Suing the Gun Industry and the Legislative Response: The Protection of Lawful Commerce in Arms Act

 

Chapter 9 – The Right to Arms in the States

Chapter 10 – The Right to Arms in the States

  • Section on Iowa added to Part 10.B.
  • Sections on Property Rights and Arms Rights (covering Zoning, Shooting Ranges, and Parking Lots) added to Part 10.D.

Chapter 9 – The Supreme Court Affirms an Individual Right to Arms

Chapter 10 – The Supreme Court Affirms an Individual Right to Arms; Sections 11.E.1 through 11.E.2 – “Assault Weapons”; Nonfirearm Arms

Chapter 11 – The Supreme Court Affirms an Individual Right to Arms

  • Part on Post-McDonald Supreme Court Cases added to Chapter 11, including Friedman v. City of Highland Park from Section 11.E.1 (second edition) and Caetano v. Massachusetts from Section 11.E.2 (second edition).

Part 11.A – The Aftermath of Heller in the District of Columbia: Intermediate Scrutiny Versus History and Tradition, and the Common Use Standard

Part 11.A – The Evolving Standard of Review

  • Two new cases added to Part 11.A.

Chapter 12 – Standards of Review

  • Expanded to five Parts to cover the nuances of modern Second Amendment review.

Part 11.D – The Presumptive Legitimacy of Disarming the Untrustworthy: Analogizing from Heller

Section 11.D.1 – Convicted Criminals


 

 

 

 

Section 11.D.2 – Persons Under the Age of Twenty-One

 

Section 11.D.3 – Aliens

Section 11.D.4 – The Mentally Ill

 

 

 

 

Part 11.C – Firearms Commerce: The Right to Buy and Sell

Parts 13.A through 13.B – Domestic Violence Misdemeanants; Persons Convicted of a Crime Punishable by a Felony Sentence of Over One Year or a Misdemeanor Sentence of Over Two

  • All of Part 11.D (first edition) and United States v. Skoien fromSection 11.D.1 (second edition) are now Part 13.A.
  • Binderup v. Attorney General: As-Applied Challenges to the “Felon-in-Possession” BanfromSection 11.D.1 (second edition) is now Part 13.B.

Part 13.C – Persons Under 21

 

Part 13.D – Unlawful Aliens

Part 13.E – The Formerly Mentally Ill

  • Exercises on Litigation Practicalities and Due Process added to Part 13.E.

Part 13.F – Persons Suspected of Being Dangerous

  • Sections on Red Flag Laws, persons on Secret Government Lists, The Intoxicated, and Self-Bans added to Part 13.F.

Part 13.G – Businesses

  • The material from Part 11.C (second edition) is now summarized in Part 13.G.

Part 11.H – The Right to Bear Arms and Carrying Handguns for Self-Defense

 

 

 

 

 

 

 

Part 8.D.5 – Policing Illegal Guns

Section 11.B.1 – Public Firearm Carriage

 

 

Section 11.B.2 – Prohibited Places: Restrictions on Carrying in Particular Places or Circumstances

 

 

 

 

Part 8.C.5 – Policing Illegal Guns

Part 14.A – Carrying Handguns for Self-Defense in Public Places

  • Excerpt-length summaries of four new cases added to Part 14.A.

Parts 14.B through 14.C – Location Restrictions; Schools

  • Bonidy v. United States from Section 11.B.2 (second edition) is now Section 14.B.1.
  • Campus Carry from Section 11.B.2 (second edition) is now Section 14.B.2.
  • Sections on National Parks, Army Corps of Engineers Recreational Land, Every Federal Government Building, parking Lots if Premises with Liquor Licenses, and Churches added to Part 14.B.

Part 14.D – Stop-and-Frisk

  • Terry v. United States from Section 8.D.5 (first edition) and all of Section 8.C.5 (second edition) are now Part 14.D.

Section 8.D.7 – Assault Weapons Restrictions

Section 11.E.1 – “Assault Weapons”

 

 

Section 11.E.2 – Nonfirearm Arms

Part 15.A –“Assault Weapon” and Magazine Bans

  • Substantially expanded from first and second editions.

Part 15.B – Ban on Assembly from Imported Parts

Part 15.C – Nonfirearm Arms

  • Sections on Air Guns, Defensive Sprays, Knives, and Martial Arts Weapons added to Part 15.C.

Parts 15.D through 15.F– New Technologies; Bans by Other Means: Using General Laws or Approved Gun Lists to Ban Firearms and Ammunition; Body Armor

Part 11.E – The Second Amendment and the Gun Control Act of 1968; Part 11.G – Child Access Prevention Laws

 

 

Part 11.B – The Aftermath of McDonald in the City of Chicago: Historical Inquiry, Then Nearly Strict Scrutiny Toward the Core

 

 

 

 

Part 11.K – Tyranny Control as a Justification for the Modern Right to Arms

Sections 11.F.1 through 11.F.2 – Child Access Prevention Laws; Serial Number Requirements

 

 

 

Section 11.F.3 – Firearm Training

 

 

 

 

 

Appendices: Concluding Exercises

  • Part 11.K (first edition) is now Concluding Exercise 3.

Parts 16.A through 16.B – Child Access Prevention Laws; Serial Numbers

 

Parts 16.C through 16.E – Waiting Periods and Licensing; Emergencies; Gun Control by Nonstate Actors

Part 16.F – Training and Ranges

 

Part 16.G – Firearm Litigation for New Attorneys

  • Sections on Civil Compliance for Regulated Clients, Status-of-the-Gun Cases, Status-of-the-Person cases, Resources and Pointers for Firearms Cases, and Practice Pointers for Gun Cases added to Part 16.G.

Concluding Exercises

Parts 11.C, 11.F, 11.I, and 11.J – An Alternative Methodology for Judging Second Amendment Claims: Substantial Burden; Guns in Common Use and the State Courts; Regulating the ‘‘Terror Gap’’; Gun Regulation, Local Autonomy, and Urban Violence

 

 

Chapter 10 - Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation

online Chapter 12 - Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation

online Chapter 17 - Firearms Policy and Status: Race, Gender, Age, Disability, and Sexual Orientation

online Chapter 13 – International Law

online Chapter 13 – International Law

online Chapter 18 – International Law

online Chapter 14 – Comparative Law

online Chapter 14 – Comparative Law

online Chapter 19 – Comparative Law

online Chapter 15 – In-Depth Explanation of Firearms and Ammunition

online Chapter 15 – In-Depth Explanation of Firearms and Ammunition

online Chapter 20 – In-Depth Explanation of Firearms and Ammunition

Part 2.A. through Section 2.D.1 – Other Antecedents of the Second Amendment

online Chapter 16 – Early Second Amendment Influences

online Chapter 21 – Antecedents of the Second Amendment

Part 2.D.2 – England

 

Chapter 2 – Arms Rights, Arms Duties, and Arms Control in the United Kingdom

  • Expanded material on the British law and history of arms bearing.

online Chapter 22 – Arms Laws of the United Kingdom

  • Full length treatment of British arms bearing rights, duties, and controls.

 

 

online Chapter 23 – The Evolution of Arms Technology

  • Full length treatment of the technological development of arms.
  • Some of the material in Chapter 23 is presented in compressed form in Part 2.I, Part 3.E, Section 4.B.7, Part 5.E, Part 6.C, Part 7.G, and Part 15.D.

 

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