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
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Chapter 2 – Arms Rights, Arms Duties, and Arms Control in the United Kingdom
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Chapter 2 – English Arms Rights, Duties, and Controls
[Infra Chapter 22 – Arms Laws of the United Kingdom
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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
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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
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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
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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 8.A – Two Early and Pivotal Lower Court Interpretations of Miller Part 7.E – National Firearms Act Regulation Today
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.C – Changes in Arms Technology Part 8.D – New Federal and State Laws
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
Part 8.D – Suing the Gun Industry and the Legislative Response: The Protection of Lawful Commerce in Arms Act
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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
Part 9.C – Modern Federal Regulation of Firearms: The Gun Control Act
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 |
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Chapter 9 – The Right to Arms in the States |
Chapter 10 – The Right to Arms in the States
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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
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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
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Chapter 12 – Standards of Review
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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
Part 13.C – Persons Under 21
Part 13.D – Unlawful Aliens Part 13.E – The Formerly Mentally Ill
Part 13.F – Persons Suspected of Being Dangerous
Part 13.G – Businesses
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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
Parts 14.B through 14.C – Location Restrictions; Schools
Part 14.D – Stop-and-Frisk
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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
Part 15.B – Ban on Assembly from Imported Parts Part 15.C – Nonfirearm Arms
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
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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
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 |
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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
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Chapter 2 – Arms Rights, Arms Duties, and Arms Control in the United Kingdom
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online Chapter 22 – Arms Laws of the United Kingdom
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online Chapter 23 – The Evolution of Arms Technology
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