Gun Rights

The Second Amendment: Enforcing the Heller Decision - Event Audio/Video

2016 National Lawyers Convention
Noel J. Francisco, Nelson Lund, Michael O'Shea, Allan Rostron, Raymond Kethledge, Gail Heriot November 23, 2016

The Supreme Court's 2008 decision in District of Columbia v. Heller recognized for the first time in our history that individual Americans have a right to gun ownership. Justice Scalia's opinion in Heller is widely regarded as a signal success for his originalist approach to constitutional interpretation. This panel will assess Heller's contribution to the law. How originalist was the opinion? Have the lower courts been faithful in applying Heller to issues outside its narrow holding? Is the Court likely to read Heller broadly or narrowly in the future?

This panel was held on November 18, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Civil Rights: The Second Amendment: Enforcing the Heller Decision
12:30 p.m. – 2:45 p.m.
East Room

  • Mr. Noel J. Francisco, Partner, Jones Day
  • Prof. Nelson Lund, University Professor, Antonin Scalia Law School, George Mason University
  • Prof. Michael O'Shea, Professor of Law, Oklahoma City University School of Law
  • Prof. Allan Rostron, University of Missouri - Kansas City Law School
  • Moderator: Hon. Raymond M. Kethledge, U.S. Court of Appeals, Sixth Circuit
  • Introduction: Hon. Gail Heriot, Professor of Law, University of San Diego School of Law

The Mayflower Hotel
Washington, DC

A Stunning Development in Second Amendment Jurisprudence?: Caetano v. Massachusetts - Podcast

Civil Rights Practice Group Podcast
Nelson Lund April 14, 2016

In a per curiam opinion issued on March 21, 2016, the Supreme Court vacated and remanded a decision by the Supreme Judicial Court of Massachusetts upholding a state law prohibiting the possession of stun guns, finding that the decision was inconsistent with Supreme Court precedent in District of Columbia v. Heller and McDonald v. Chicago. Justices Alito and Thomas issued a concurring opinion which would have gone further in finding the Massachusetts statute unconstitutional. Our expert discussed the case and its implications for the Court’s Second Amendment jurisprudence going forward.


  • Prof. Nelson Lund, University Professor, George Mason University School of Law