D.C. V. HELLER: AFTER THE SMOKE CLEARS
How to Use 42 U.S. Code § 1983, a Federal Bivens Action, and the State Equivalent of a Bivens Action in Firearm Cases
 

In some firearm cases a 1983 action can be used against state actors who under color of any state statute, ordinance, regulation, custom, or usage deprive a person of a right protected by the federal constitution or federal law. It will also be shown that a Bivens action - Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) - can be used against federal actors for the recovery of money damages upon proof of injuries resulting from the federal agents' violation of the federal constitution in a firearm case. Lastly, it will be shown that a state equivalent of a Bivens action can be used against state actors for the recovery of money damages upon proof of injuries resulting from the state agents' violation of the state constitution in a firearm case. 

ROBERT J. COTTROL
Professor of Law, The George Washington University Law School

ROBERT DOWLUT
General Counsel, National Rifle Association of America * § 1983 and Bivens actions *