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Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Stanford Legal launched in 2017 as a radio show on Sirius XM. We’re now a standalone podcast and we’re back after taking some time away, so don’t forget to subscribe or follow this feed. That way you’ll have access to new episodes as soon as they’re available. We know that the law can be complicated. In past episodes we discussed a broad range of topics from the legal rights of someone in a conservatorship like Britney Spears to the Supreme Court’s abortion decision to how American law firms had to untangle their Russian businesses after the invasion of Ukraine. Past episodes are still available in our back catalog of episodes. In future shows, we’ll bring on experts to help make sense of things like machine learning and developments in the regulation of artificial intelligence, how the states draw voting maps, and ways that the Supreme Court’s affirmative action ruling will change college admissions. Our co-hosts know a bit about these topics because it’s their life’s work...

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episode 123: Mass Shootings and Guns: Examining the Court’s Interpretation of the Right to Bear Arms and the Consequences of Gun Laws in the US


In this episode, Pam Karlan and Rich Ford explore recent 2nd Amendment Supreme Court cases, the evolution of gun laws, and the implications of increased gun accessibility in the U.S. Joined by John Donohue, an empirical researcher who is an expert on firearms and the law, they discuss the proliferation of guns and automatic weapons, which make the US an outlier among Western countries for its mass killings, and the ways in which gun laws have made the U.S. more deadly—including for law enforcement. 

Connect:

  • Episode Transcripts >>> Stanford Legal Podcast Website
  • Stanford Legal Podcast >>> LinkedIn Page
  • Rich Ford >>>  Twitter/X
  • Stanford Law School >>> Twitter/X
  • Stanford  Law Magazine >>> Twitter/X
  • John Donahue >>> Twitter/X

Chapters:

(00:00:00) Introduction 
Pam Karlan introduces the episode, highlighting the recent surge in mass shootings in the US, and introduces this week’s guest, John Donahue, one of the nation’s leading experts on firearms and the law.

(00:01:16) Proliferation & Access to Assault Weapons in America
The impact of the termination of the federal assault weapon ban in 2004 on mass shootings and a comparison to other nations restrictions on these weapons.

(00:05:07) Supreme Court and the Rahimi Case
Analyzing the Rahimi case and its implications regarding the possession of weapons under restraining orders and the Supreme Court's evolving stance on gun rights.

(00:06:37) The Gun Lobby & the Republican Party
Exploring the relationship between the gun lobby, manufacturers, and republicans and the effects this evolving relationship has had since the mid nineties.

(00:13:10) Constitutional Shifts 
The transformation in Second Amendment interpretations from the 1930s to the recent Bruen case, exploring the Supreme Court's methodology and its implications for gun regulations and the Rahimi decision before them now.

(00:15:40) Frozen Interpretations 
The historical context of the Second Amendment, the oddity of freezing it, and how the current context challenges the applicability of historical Second Amendment interpretations.

(00:19:05) Broader Implications 
The broader spectrum of issues stemming from the proliferation of access to firearms and the growing lethality of weaponry, including rising firearm-related suicides and homicides.

(00:24:05) Bruen & Gun Laws 
The effect of the Bruen case on laws like restraining immediate access to weapons, and safe storage laws

(00:26:08) Law Enforcement & Gun Proliferation
John explains how the proliferation and of firearms has affected the polices ability to clear violent crimes, and increases police involved shootings

(00:28:31) Conclusion


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 December 7, 2023  28m