Andrew Willinger

a blue flag with georgia state written on it ALT: a blue flag with georgia state written on it

After 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!

On 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. 👇

I’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!

Finally, 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

The 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

I 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

SSRN link: papers.ssrn.com/sol3/papers....

Thrilled 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

🚨🚨 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/6611

Can't or *shouldn't*.... important distinction here haha

Gun rights groups and legal experts question Trump administration’s stance on the Second Amendment after shooting | CNN Politics Claims 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...

www.cnn.com/2026/01/26/p...

The Maduro Indictment: When Can US Gun Restrictions Apply Beyond American Borders? | Duke Center for Firearms Law

I 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-...

VanDerStok and the Ghosts of Gun Deregulation | The Regulatory Review The Supreme Court weighs public safety concerns surrounding ghost guns in recent Second Amendment decision.

I 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...

Have to wink every time you say it…

Georgia Supreme Court Allows Under-21 Handgun Carry Ban The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.

Check 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...

Thanks so much for the kind words, and sorry to miss you in WY this week!

The Complexity of Lockstepping Post-Bruen A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.

“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.

Thanks all, can't wait!!

The Complexity of Lockstepping Post-Bruen A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.

Does 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...

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Now 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!

DOJ official says she was fired after opposing the restoration of Mel Gibson's gun rights Gibson, a supporter of Trump, lost his right to purchase or own a handgun after a 2011 domestic violence misdemeanor conviction.

“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...

Deadline quietly passes for AG to recommend killing gun control policies Attorney General Pam Bondi is looking into whether Biden administration policies infringe on Americans' right to bear arms.

Trump 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-...

Litigation Highlight: Maine Judge Throws Out State Waiting Period Law | Duke Center for Firearms Law

If 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...

Podcast: Duke’s Andrew Willinger on How Trump May Change DOJ’s Gun Litigation Approach Plus, Contributing Writer Jake Fogleman and I cover the Trump administration’s current freeze on processing new export licenses and how it is hitting the firearms industry particularly hard.

If you're interested in how the 2nd Trump administration might approach gun issues, particularly in the courts, check out my recent appearance on The Reload podcast with @stephengutowski.bsky.social here: thereload.com/podcast-duke...

So incredibly thrilled that our article, 𝘉𝘪𝘳𝘵𝘩𝘳𝘪𝘨𝘩𝘵 𝘊𝘪𝘵𝘪𝘻𝘦𝘯𝘴𝘩𝘪𝘱 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘋𝘶𝘯𝘯𝘪𝘯𝘨 𝘚𝘤𝘩𝘰𝘰𝘭 𝘰𝘧 𝘜𝘯𝘰𝘳𝘪𝘨𝘪𝘯𝘢𝘭 𝘔𝘦𝘢𝘯𝘪𝘯𝘨𝘴, is forthcoming in the online companion of Cᴏʀɴᴇʟʟ Lᴀᴡ Rᴇᴠɪᴇᴡ!

I think you all will thoroughly enjoy what @evanbernick.bsky.social, @paulgowder.bsky.social, and I have coming your way!

Teaching Resources | Duke Center for Firearms Law

Happy to talk any time @msmith750.bsky.social! We've also got some resources and recent syllabi posted here which may be helpful: firearmslaw.duke.edu/law-resource...

Mexico's case against U.S. gun makers hits the Supreme Court Podcast Episode · Court Watch with Alex Swoyer · 02/21/2025 · 16m

Enjoyed speaking with Alex Swoyer on her Court Watch podcast about the upcoming SCOTUS argument in Smith & Wesson v. Mexico! @washingtontimes.bsky.social
podcasts.apple.com/us/podcast/m...