“Presumptively Lawful” Restrictions on the Right to Keep and Bear Arms after Heller & McDonald

Justice Scalia’s District of Columbia v. Heller majority opinion refers to several potential limits on the right to arms: (1) the right only covers arms in common (civilian) use; (2) it does not protect “dangerous and unusual arms”; (3) certain restrictions such as “prohibited person” restrictions, gun free zones, concealed weapon bans, and regulation of commerce are “presumptively lawful.” Mr. Hardy will discuss whether these potential limits can be grounded in originalism, reasoning, or history. He will also consider whether Heller misconstrued some common law exceptions, and how the courts have treated the “presumptively lawful” restrictions.

DAVID T. HARDY, ESQ.

Concealed Carry Licenses & Licenses Required to Possess or Acquire a Firearm: An Overview

This presentation will discuss (1) state laws providing a license to carry a firearm or to possess or to acquire a firearm; (2) may issue versus shall issue licensing statutes; (3) administrative and judicial review of a denial; (4) burden of proof and standard of review of a denial; (5) the role of the right to bear arms in these cases; (6) recovery of attorney fees in a successful appeal.

ROBERT DOWLUT, ESQ.
General Counsel
National Rifle Association of America