Edward Curtis has posted Revisiting “Of Arms and the Militia: Gun Regulation by Legislatively Defining ‘Ordinary Military Equipment’” (Touro Law Review, Volume 41, No. 1, pp. 177–198) on SSRN. Here is the abstract:
In 2021, I published Of Arms and the Militia: Gun Regulation by Defining “Ordinary Military Equipment,” in which I suggested that legislatures could regulate firearms by prescribing what “ordinary military equipment” militia members were expected to produce in the event that they were mustered to service. In 2022, the United States Supreme Court decided New York State Rifle and Pistol Association v. Bruen, which required government regulations be consistent “with this Nation’s historical tradition of firearm regulation.” In 2026 I published Revisiting ‘Of Arms and the Militia, which, rather than looking at prohibitions on arms, instead looks at colonial and early federal militia laws that prescribed what “ordinary military equipment” militia members were required to produce when they were called to muster. I conclude that my 2021 proposal is still viable as the Nation’s historical tradition of firearm regulation includes specific prescriptions of what constitutes “ordinary military equipment.”
This is an update of Of Arms and the Militia: Gun Regulation by Defining “Ordinary Military Equipment”.
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum