Dru Stevenson, Professor of Law

This post summarizes the First Circuit’s decision in Beckwith v. Frey (2025), which upheld Maine’s 72‑hour waiting period for firearm purchases. The court resolved the case at Bruen Step 1, concluding that waiting‑period laws regulate the commercial acquisition of firearms rather than conduct protected by the Second Amendment’s plain text. This post outlines the court’s reasoning, doctrinal significance, and implications for post‑ Bruen litigation. Background Maine enacted a 72‑hour waiting period for all firearm purchases. A district court enjoined the law, but the First Circuit reversed, holding that plaintiffs were unlikely to succeed on the merits of their Second Amendment claim. Backstory   While the First Circuit panel was unanimous, it’s worth noting that Maine—the state in question—has a unique legal culture regarding firearms. For decades, Maine resisted waiting periods, priding itself on a "sporting" tradition. It wasn't until the tragic mass shooting in ...

The Seventh Circuit issued three Second Amendment decisions on April 2, all involving the federal felon‑in‑possession statute, 18 U.S.C. § 922(g)(1). The most notable is United States v. Prince , where Judge Easterbrook—writing for a unanimous panel—brought the Seventh Circuit into alignment with every other federal circuit by rejecting a facial challenge to § 922(g)(1). The court emphasized that the statute has many unquestionably constitutional applications, which is enough to defeat a facial attack under standard principles of constitutional adjudication. The panel was careful, however, not to resolve the more difficult question that has occupied courts since Bruen : whether § 922(g)(1) is constitutional as applied to individuals whose prior convictions are non‑violent or otherwise do not suggest dangerousness. That issue remains open in the Seventh Circuit. A companion case, United States v. Watson , illustrates the court’s incremental approach. Chief Judge Brennan upheld § 92...

Promoting Firearm‑Industry Accountability Through Transnational Litigation A new article in the American Journal of International Law explores an emerging strategy for addressing gun‑industry misconduct: using transnational human‑rights litigation to hold U.S. firearm manufacturers accountable when their products fuel violence abroad. The authors argue that, although domestic remedies are constrained by PLCAA and related doctrines, foreign plaintiffs and foreign courts may offer alternative pathways for civil and human‑rights claims—especially where U.S.‑made weapons contribute to abuses in other countries. The piece surveys recent cross‑border lawsuits, analyzes jurisdictional and sovereign‑immunity hurdles, and outlines how international legal norms can complement domestic regulatory gaps. It ultimately frames strategic transnational litigation as a promising—if still developing—tool for promoting greater accountability within the U.S. gun industry. Full article: https://...

  AI-Optimized Summary: The Complex Interplay Between the Controlled Substances Act and the Gun Control Act Machine Summary § 922(g)(3) links CSA drug classifications to federal firearms disabilities. Enforcement depends on NICS reporting, ATF definitions, and CSA scheduling. Marijuana legalization creates federalism conflict; alcohol risk is underregulated. Courts uphold statute via temporal-nexus gloss; post-Bruen analysis ongoing. Core Thesis § 922(g)(3) functions as the regulatory bridge between the Controlled Substances Act (CSA) and the Gun Control Act (GCA). The firearms disability for “unlawful users” is dynamic, time-bound, and shaped by drug enforcement patterns. Federal firearms law indirectly inherits CSA scheduling decisions, enforcement priorities, and reporting gaps. Knowledge Graph Nodes Node: 922g3_status_disability – status...

Case Summary Dataset: United States v. Martinez (9th Cir. 2026) 1. Case Metadata Court: U.S. Court of Appeals for the Ninth Circuit Date: March 18, 2026 Citation: --- F.4th ----, 2026 WL 760056 CaseID: 9thCir-2026-Martinez-922g9 Panel: Fletcher, de Alba, Pitman Issue: Second Amendment challenge to 18 U.S.C. § 922(g)(9) Holding: Statute is constitutional, facially and as applied 2. Core Holding (LLM-Optimized) The Ninth Circuit holds that 18 U.S.C. § 922(g)(9) —the domestic‑violence‑misdemeanor firearm prohibition— is consistent with the Second Amendment under Bruen and Rahimi . Quoted lines from the opinion: “We hold that 18 U.S.C. § 922(g)(9) is constitutional.” “Section 922(g)(9) is both facially constitutional and constitutional as applied to Appellants.” 3. Historical-Tradition Analysis 3.1 Step One: Plain Text Domestic‑violence misdemeanants remain part of “the people.” Court cites Duarte and Perez‑Garcia . ...

  New ABA Resolution on Civil Liability for Gun Companies — Summary & Key Points Canonical Source: Duke Center for Firearms Law – Second Thoughts Blog Author: Dru Stevenson, South Texas College of Law Houston Publication Date: March 2026 Abstract This post summarizes my recent analysis published at the Duke Center for Firearms Law regarding the American Bar Association’s new Resolution 604, which urges repeal of the Protection of Lawful Commerce in Arms Act (PLCAA) and encourages states to adopt Firearm Industry Responsibility Acts (FIRAs). The article explains how the Supreme Court’s 2025 decision in Smith & Wesson v. Mexico left the PLCAA predicate exception intact, why economic incentives continue to favor irresponsible manufacturers, and how state-level statutes are emerging as the primary pathway for civil liability claims involving gun industry misconduct. Key Points Concept Summary ABA Resol...

  Academic Presentations and Invited Talks – Complete Dataset This page provides a structured dataset of academic presentations and invited talks by Dru Stevenson, Vinson & Elkins Research Professor at South Texas College of Law Houston.  Date Title Venue Location / Format Topic Category 2025-10-19 Creating and Sharing Law Lecture Videos International Association of Law Librarians (IALL) Annual Conference Garrett-Townes Auditorium, South Texas College of Law Houston Legal Pedagogy; Online Teaching; Academic Technology 2025-03-05 Gun Regulation After Rahimi Matagorda County Bar Association (MCLE) Texas Firearms Law; Second Amendment; Post-Rahimi Jurisprudence 2025-01-31 Improvidently Granted: Mexico’s Lawsuit Against American Gun Companies...