Andrew Willinger @andrewwillinger.bsky.social · 22/09/2026statecourtreport.org/our-work/ana...statecourtreport.orgA Different Path for Age Restrictions on Gun Possession in DelawareThe Delaware high court rejected the U.S. Supreme Court’s history-focused test for restrictions on the right to arms. 032
Andrew Willinger @andrewwillinger.bsky.social · 24/07/2026A lot to say about Judge VanDyke's most recent "dissental," but pushing the idea that Bruen is "easy" is especially bizarre in a knife-ban case given the volume and variety of knife restrictions in 19th century America... 010
Andrew Willinger @andrewwillinger.bsky.social · 20/07/2026With the news that the 5th Cir will hear en banc arguments in a 922(g) commerce clause case, this blog post may be of interest. In short, there are complex debates about the original intent of the CC and accepting D’s argument will have major impacts beyond guns. firearmslaw.duke.edu/2023/11/rahi...firearmslaw.duke.eduRahimi and the Original Scope of the Commerce Clause | Duke Center for Firearms Law 033
Reposted by Andrew Willingerthereloadteam.bsky.social @thereloadteam.bsky.social · 13/07/2026Why Lower Courts Agree on AR-15 Bans and Why it May Not Matter (Ft. @andrewwillinger.bsky.social) thereload.fireside.fm/why-lower-co...thereload.fireside.fmWhy Lower Courts Agree on AR-15 Bans and Why it May Not Matter (Ft. Andrew Willinger)Host Stephen Gutowski and guest Andrew Willinger discuss the upcoming Supreme Court AR-15 case. 153
Andrew Willinger @andrewwillinger.bsky.social · 26/06/2026Wolford might represent a major change to step one of Bruen, but lower courts have already been subtly expanding the definition of "arms"... including the 5th Cir in a recent decision I blogged about @dukefirearmslaw.bsky.social: firearmslaw.duke.edu/2026/06/how-...firearmslaw.duke.eduHow Far Does the Definition of “Arms” Extend? | Duke Center for Firearms Law 021
Andrew Willinger @andrewwillinger.bsky.social · 26/06/2026Justice Alito yesterday in Wolford vs Justice Alito in 2020 in Ramos 🤔 130
Andrew Willinger @andrewwillinger.bsky.social · 26/06/2026Enjoyed speaking with June Grasso @bloomberglaw.com today for some quick reactions to the Supreme Court‘s decision in Wolford v. Lopez - check it out here! www.bloomberg.com/news/audio/2...bloomberg.comBloomberg Law: Trump Immigration Wins & Gun Rights - BloombergHost June Grasso speaks with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news. 062
Reposted by Andrew WillingerJake Charles @jacobdcharles.bsky.social · 25/06/2026Okay, so now that I've finished all the opinions and thought about it more, here are some of my takeaways: 1) This opinion is a disaster. It changes a bunch of the Bruen methodology, sometimes in subtle ways, but all in ways that make it *much* more difficult for legislatures to regulate guns. 1225
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026Jackson/Sotomayor again object to the Bruen test itself, observing that what the Court does looks a lot like means-end scrutiny… I suspect we’ll see more debate about the validity and mechanics of Bruen in the yet-to-be-decided Wolford case, as agreement on the outcome muted some of that here 050
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026Alito/Kagan are focused on marijuana, saying it's an easy case bc many Americans use marijuana occasionally with implicit permission from the fed gov’t – certainly true, but difficult to see how Bruen sanctions this evolution (was a marijuana & guns ban const'l in 1968 and later became unconst'l?) 140
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026There’s language suggesting case-by-case dangerousness determinations might be needed across 922g – some courts have started to develop a test for determining if underlying felony convictions indicate dangerousness & I read Hemani as a sign that’s where SCOTUS majority may be headed in future cases 220
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026Also it's a rarely charged provision, especially compared to the fed felon gun ban, and the Court says it isn't opining on that law or any other status-based gun bans. Many states have similar laws, but the historical test might be more permissive of state regulation given post-Founding developments 130
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026It’s a narrow ruling that doesn’t settle all/most applications of this specific provision: someone under the influence of drugs when they have a gun or using drugs so frequently it affects their daily life could still be prosecuted & fed law enforcement may focus more on obtaining this evidence 140
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026Gorsuch, writing for 7 justices, says historical laws targeting habitual drunkards didn’t function like this drug ban & were motivated by different concerns – a lot about Founding-Era drinking habits, not much about where these facts come from or how lower courts should find them in future cases 130
Andrew Willinger @andrewwillinger.bsky.social · 18/06/2026A quick thread on today’s ruling in US v. Hemani, where SCOTUS held the fed ban on possessing guns as an unlawful drug user unconstitutional as applied to a regular marijuana user, 9-0 in favor of the defendant affirming CA5 www.supremecourt.gov/opinions/25p...supremecourt.gov 2323
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 03/06/2026Pleased to post my draft article, “Discovering the Historical Anglo-American Constitution.” I study the history of birthright citizenship from the 1100s to the 1700s. The English common-law rule of natural-born subjects was always tied to territory and jurisdiction. papers.ssrn.com/sol3/papers.... 391351408
Reposted by Andrew WillingerDuke Center for Firearms Law @dukefirearmslaw.bsky.social · 01/06/2026Last week, the Center co-hosted its 7th (!) annual Work-in-Progress conference with scholars across the country, including @jacobdcharles.bsky.social, @gowder.io, @coreyryung.bsky.social, @meganwalshgvp.bsky.social and many others! Thanks to our attendees for their illuminating discussions. 1145
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 21/05/2026Supreme Court opinions are coming! And Georgia State’s experts are at the ready to help provide analysis for some of the most awaited decisions, including @andrewwillinger.bsky.social, @jvagle.me, and @espinsegall.bsky.social, in addition to me. news.gsu.edu/2026/05/20/g...news.gsu.eduGeorgia State Law Legal Experts Available to Comment on U.S. Supreme Court Decisions - Georgia State University News - Bondurant Center for Constitutional Law, College of Law, Press Releases -Georgia State University College of Law legal experts are available to comment on U.S. Supreme Court decisions including birthright citizenship, gun rights, voting rights and geofence warrants. 1238
Andrew Willinger @andrewwillinger.bsky.social · 28/04/2026SCOTUS' history and tradition turn raises thorny questions about what to do w/old laws tainted by discrimination, including in 2 cases this term where the gov't has taken polar opposite approaches. Read on for more from me @dukefirearmslaw.bsky.social today... firearmslaw.duke.edu/2026/04/tain...firearmslaw.duke.eduTainted Historical Statutes in Wolford and Barbara | Duke Center for Firearms LawIn 2022, Bruen ushered in a novel test for Second Amendment challenges, which requires the government to offer historical analogues to support modern gun laws. Lower courts have struggled with questio... 033
Reposted by Andrew WillingerJake Charles @jacobdcharles.bsky.social · 23/04/2026As profs are lining up courses & casebooks for next year, I want to plug again the Second Amendment casebook that I & Blocher Madeira & Miller wrote. 📖👇 2A Law is an increasingly impt area of conlaw & today's law students show tons of interest in the topic. faculty.westacademic.com/Book/Detail?...faculty.westacademic.comBlocher, Charles, Madeira, and Miller's The Second Amendment: Gun Rights and Regulation University Casebook Series 9781636599748 Joseph Blocher | Jacob D. Charles | Jody L. Madeira | Darrell A. H. Mi...faculty.westacademic.com: Blocher, Charles, Madeira, and Miller's The Second Amendment: Gun Rights and Regulation: The book is designed to meet a substantial demand among academics and law students f... 1156
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 23/04/2026From the Second Amendment to voting rights to birthright citizenship, major decisions from the Supreme Court will have great significance for the American public. GSU Bondurant Center's experts are gearing up for them all, including @andrewwillinger.bsky.social and @espinsegall.bsky.social. 15016
Andrew Willinger @andrewwillinger.bsky.social · 09/04/2026I blogged at @dukefirearmslaw.bsky.social about 9th Cir. Judge Lawrence VanDyke and his unusual style of judicial opinion writing, which some have labeled "post modern." Check it out here 👇 firearmslaw.duke.edu/2026/04/post...firearmslaw.duke.edu“Post-Modern” Judging and Guns | Duke Center for Firearms LawBy: Andrew Willinger 131
Reposted by Andrew WillingerJake Charles @jacobdcharles.bsky.social · 04/03/2026NEW: I wrote up a short, breezy 3,700 word post for @dukefirearmslaw.bsky.social blog w/ reactions to the Supreme Court's oral arguments in US v. Hemani earlier this week. I may be overly optimistic about getting some coherence in Second Amendment doctrine. firearmslaw.duke.edu/2026/03/brea...firearmslaw.duke.eduBreaking Down the Hemani Arguments | Duke Center for Firearms Law 1206
Andrew Willinger @andrewwillinger.bsky.social · 03/03/2026A major theme of yesterday's Hemani 2A arg: under Bruen can courts *ever* weigh the govt's leg judgment that certain groups (like drug users) are too dangerous to have guns. I've argued these assessments are inevitable even w/history-focused approaches... www.wakeforestlawreview.com/wp-content/u...wakeforestlawreview.com 0103
Reposted by Andrew WillingerEric Segall @espinsegall.bsky.social · 02/03/2026Proud to announce the opening of the Emmet Bondurant Center for Constitutional Law, Practice & Democracy. With @anthonymkreis.bsky.social, @andrewwillinger.bsky.social, and Neil Kinkopf, we’ll fight for the rule of law and democracy as Emmet has done for over 60 years. news.gsu.edu/2026/02/26/n...news.gsu.eduNew Center to Focus on Constitutional Law, Practice, Democracy - Georgia State University News - Bondurant Center for Constitutional Law, College of Law, Faculty & Research, Press Releases, Pro-Bono &...The Georgia State University College of Law is home to the new Emmet J. Bondurant Center for Constitutional Law, Practice & Democracy. The center is named for Emmet J. Bondurant, a prominent trial law... 75613
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 26/02/2026After an exciting week of presentations by @profloriann.bsky.social and @jctate1215.bsky.social, we’re gearing up to host @yeargain.bsky.social on Monday at Georgia State! Thanks to my colleagues @amwhelan.bsky.social, Ryan Rowberry, and @andrewwillinger.bsky.social for being superb hosts!media.tenor.coma blue flag with georgia state written on itALT: a blue flag with georgia state written on it 1165
Reposted by Andrew WillingerMichael C. Dorf @dorfonlaw.bsky.social · 16/02/2026On the blog @espinsegall.bsky.social previews the next SCOTUS 2nd Amendment case, US v Hemani, which, he says, can be resolved by narrowly construing the relevant statute to avoid vagueness rather than applying the ridiculous history-and-tradition test its recent 2d Amendment cases have developed. 👇dorfonlaw.orgThe Court's Next Big Gun Case is not Really a Gun Case at AllOn March 2, the Court will hear oral argument in United States v. Hemani , which raises the question whether a federal statute prohibiting t... 064
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026I’m thankful for all the comments from colleagues & conf participants so far and welcome any additional thoughts – very excited to work with the excellent Stanford editors on this one! 030
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026Finally, I suggest how the historical private-public distinction may be increasingly relevant in other areas of constitutional law and how evidence from the private sphere could help make originalism more inclusive by incorporating voices/perspectives of those excluded from public life 140
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026The article shows that private groups in the Founding Era were highly influential & integrated w/ the American political system and their practices were not divorced from const’l protections – such that courts cannot ignore private evidence when applying Bruen and/or relying heavily on history 121
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026I argue that dominant theories of originalism & traditionalism support consulting private historical evidence, and I trace how this issue has divided courts and become ever-more important in 2A law post-Bruen 110
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026SSRN link: papers.ssrn.com/sol3/papers....papers.ssrn.com 120
Andrew Willinger @andrewwillinger.bsky.social · 11/02/2026Thrilled that my article Private Governance and Originalism will be published in the Stanford Law Review @stanlrev.bsky.social! The article explains why private groups including schools, corps & other orgs create unique challenges (and opportunities) under originalist "history & tradition" tests 32610
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 02/02/2026🚨🚨 Georgia State's Constitutional Law program is growing!🚨🚨 Thanks to a very exciting development, we're looking for someone to join the College of Law's public law faculty, including @espinsegall.bsky.social, @andrewwillinger.bsky.social, Neil Kinkopf, and me. facultycareers.gsu.edu/postings/6611facultycareers.gsu.eduAssociate or Full Professor of Constitutional LawGeorgia State University College of Law invites candidates to apply for a tenured professor position in constitutional law who will assume a leadership role in the Center for Constitutional Law, Pract... 410029
Andrew Willinger @andrewwillinger.bsky.social · 27/01/2026Can't or *shouldn't*.... important distinction here haha 010
Andrew Willinger @andrewwillinger.bsky.social · 26/01/2026www.cnn.com/2026/01/26/p...cnn.comGun rights groups and legal experts question Trump administration’s stance on the Second Amendment after shooting | CNN PoliticsClaims by Trump administration officials that the man fatally shot by a federal agent in Minneapolis lacked a right to possess a firearm and that his killing was justified are being dismissed by legal... 021
Andrew Willinger @andrewwillinger.bsky.social · 16/01/2026I blogged on @dukefirearmslaw.bsky.social, where I'll continue to contribute occasional posts as an affiliated scholar, about the gun charges in the Maduro indictment. Check it out below! firearmslaw.duke.edu/2026/01/the-...firearmslaw.duke.eduThe Maduro Indictment: When Can US Gun Restrictions Apply Beyond American Borders? | Duke Center for Firearms Law 062
Andrew Willinger @andrewwillinger.bsky.social · 23/07/2025I was pleased to contribute this short essay on VanDerStok, ghost guns, and the Trump admin's policy priorities to @theregreview.bsky.social annual Supreme Court recap series! www.theregreview.org/2025/07/23/w...theregreview.orgVanDerStok and the Ghosts of Gun Deregulation | The Regulatory ReviewThe Supreme Court weighs public safety concerns surrounding ghost guns in recent Second Amendment decision. 040
Andrew Willinger @andrewwillinger.bsky.social · 16/06/2025Check out my blog post @statecourtreport.bsky.social on a new gun decision from the Georgia Supreme Court that asks, in part, what happens to original meaning when state constitutional language is readopted over time... statecourtreport.org/our-work/ana...statecourtreport.orgGeorgia Supreme Court Allows Under-21 Handgun Carry BanThe court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions. 083
Andrew Willinger @andrewwillinger.bsky.social · 07/06/2025Thanks so much for the kind words, and sorry to miss you in WY this week! 000
Reposted by Andrew WillingerState Court Report @statecourtreport.org · 07/04/2025“While many state courts reflexively lockstep…the Kansas Court of Appeals took a different path in a recent gun case due to a lurking complexity unique to the right-to-arms context.” @andrewwillinger.bsky.social discusses the complexity of lockstepping post-Bruen.statecourtreport.orgThe Complexity of Lockstepping Post-BruenA Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms. 032
Andrew Willinger @andrewwillinger.bsky.social · 31/03/2025Does originalism always work in practice when it filters down to state courts? I blogged @statecourtreport.bsky.social about a recent Kansas case that confronted that issue in the gun rights-context @brennancenter.bsky.social statecourtreport.org/our-work/ana...statecourtreport.orgThe Complexity of Lockstepping Post-BruenA Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms. 041
Reposted by Andrew WillingerAnthony Michael Kreis @anthonymkreis.bsky.social · 28/03/2025Now that it is PrawfsBlawg is official, I want to express my excitement that @andrewwillinger.bsky.social will join GSU's College of Law next year as part of our constitutional law cohort. He's going to be an exceptional addition to our faculty and we look forward to him coming to Atlanta!media.tenor.coma blue flag with georgia state written on itALT: a blue flag with georgia state written on it 1402
Andrew Willinger @andrewwillinger.bsky.social · 14/03/2025“Mel Gibson is a friend of the president and that should be justification enough" - only underscores the need for Congress to resume funding an actual gun rights restoration program that's broadly available, rather than doing this ad hoc based on fame/connections www.nbcnews.com/politics/jus...nbcnews.comDOJ official says she was fired after opposing the restoration of Mel Gibson's gun rightsGibson, a supporter of Trump, lost his right to purchase or own a handgun after a 2011 domestic violence misdemeanor conviction. 030
Andrew Willinger @andrewwillinger.bsky.social · 12/03/2025Trump issued an EO on 2/7 directing the AG to assess fed rules, policies, and positions for possible 2nd Amendment violations w/in 30 days - as I suggest here, that the deadline passed with no news shows how gun rights are taking a clear back seat to other priorities. abcnews.go.com/Politics/ag-...abcnews.go.comDeadline quietly passes for AG to recommend killing gun control policiesAttorney General Pam Bondi is looking into whether Biden administration policies infringe on Americans' right to bear arms. 010
Reposted by Andrew WillingerJake Charles @jacobdcharles.bsky.social · 06/03/2025If you've been following this area of law, you will be *shocked* to learn that the judge who invalidated Maine's 72-hour waiting period law on Second Amendment grounds was appointed by...Donald Trump. Good write-up from @andrewwillinger.bsky.social ⬇️ firearmslaw.duke.edu/2025/03/liti...firearmslaw.duke.eduLitigation Highlight: Maine Judge Throws Out State Waiting Period Law | Duke Center for Firearms Law 051
