Friday, September 30, 2022
Robert Leider (George Mason University - Antonin Scalia Law School, Faculty) has posted Bipartisan Safer Communities Act (Firearms Law and the Second Amendment: Regulation, Rights, and Policy 104-19 (3d ed. 2022 supp.)) on SSRN. Here is the abstract:
In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a narrow group of bipartisan Senators agreed on the text. This stunted legislative process left the new law loaded with ambiguities and technical deficiencies. This essay explores the constitutional, doctrinal, and policy problems created by the Bipartisan Safer Communities Act.