Weapon of Choice

Weapon of Choice
Author: Fredrick E. Ayres
Publisher: Harvard University Press
Total Pages: 257
Release: 2020-10-27
Genre: Law
ISBN: 0674241096
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How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.

The Positive Second Amendment

The Positive Second Amendment
Author: Joseph Blocher
Publisher: Cambridge University Press
Total Pages: 217
Release: 2018-09-13
Genre: Law
ISBN: 1107158699
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Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

The Second Amendment in Law and History

The Second Amendment in Law and History
Author: Michael A. Bellesiles
Publisher:
Total Pages: 358
Release: 2000
Genre: Law
ISBN: 9781565846999
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A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.

Gun Control on Trial

Gun Control on Trial
Author: Brian Doherty
Publisher: Cato Institute
Total Pages: 165
Release: 2008
Genre: Law
ISBN: 1933995254
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"On June 26, 2008, the Supreme Court had its first opportunity in seven decades to address one of America's most impassioned constitutional debates: does the right to possess firearms, as stated in the Second Amendment, apply to individuals? Yes, the Court ruled, it does. And, with that decision, the District's handgun ban - one of the toughest and most controversial in the nation - was ended." "In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v. Heller ruling. With exclusive, behind-the-scenes access throughout the case, Doherty takes readers on a remarkable journey - through the legal, scientific, and historical debates; the political battles; and the myths about gun control that have become widespread." "But, beyond the legal arguments are the stories of the people involved in the case. Detailed in Gun Control on Trial are compelling portraits of the plaintiffs - individuals willing to fight for their right to protect themselves and their families from violent criminals, the activist lawyers, who worked exhaustively for their clients, and the city officials who fought any attempt to give their citizens the right to self-defense." "The Heller decision does not settle every controversy in the gun control debate. What it did do, Doherty writes, is create "a new shape to the arena in which the legal and political struggle over guns and gun control will be fought." Gun Control on Trial describes the ground on which that fight will take place."--BOOK JACKET.

The Second Amendment and Gun Control Laws as a Subject of Debate

The Second Amendment and Gun Control Laws as a Subject of Debate
Author: Lisa Schreinemacher
Publisher: GRIN Verlag
Total Pages: 29
Release: 2019-08-26
Genre: Literary Collections
ISBN: 3346003752
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Seminar paper from the year 2019 in the subject American Studies - Culture and Applied Geography, grade: 1,7, University of Bonn, language: English, abstract: This study is concerned with the historical development of the Second Amendment and how it is interpreted today. In doing so, John Vile's "A Companion to the United States Constitution and its Amendments" and Adam Winkler's "Gun Fight" have been consulted to provide background information on the history of the Second Amendment. Due to the fact that this term paper also deals with current statistics on gun control laws, it also relied on online research and online publications. Firstly, there will be a chapter that deals with the original intent of the founding fathers, who framed the Second Amendment to the United States Constitution. It will provide an historical overview of the creation of the Second Amendment and what led to its inclusion into the Bill of Rights. It further tries to explain the founder's interpretation of the Second Amendment with regards to the militia. The third chapter will focus on the question of how the National Rifle Association was able to rewrite the Second Amendment in order to gain more profit and get support for gun rights. The chapter will present the approach taken by the NRA that resulted in a new interpretation of the Second Amendment and established the perception of an individual right to possess firearms within American society. It will take into account the Supreme Court cases of "United States v. Miller" of 1939 and "District of Columbia v. Heller" of 2008, that ultimately guaranteed an individual's right to own firearms without any connection to a militia. Another chapter will focus on gun control laws and provide a comparison between the United States and other developed countries. Furthermore, this chapter will give an insight into the perception of the Second Amendment within American society and discusses current gun control policies. Finally, the last paragraph of this term paper will be a conclusion, which sums up the results achieved and gives an outlook for future research on the Second Amendment and gun control laws.

Living with Guns

Living with Guns
Author: Craig Whitney
Publisher: Public Affairs
Total Pages: 306
Release: 2012-11-13
Genre: Law
ISBN: 1610391691
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A former editor at the New York Times examines the war over gun control in America and the rigid and intolerant ideologies that have informed the debate on both sides for more than 50 years. 20,000 first printing.

Policing the Second Amendment

Policing the Second Amendment
Author: Jennifer Carlson
Publisher: Princeton University Press
Total Pages: 296
Release: 2020-09-15
Genre: Social Science
ISBN: 0691205868
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An urgent look at the relationship between guns, the police, and race The United States is steeped in guns, gun violence—and gun debates. As arguments rage on, one issue has largely been overlooked—Americans who support gun control turn to the police as enforcers of their preferred policies, but the police themselves disproportionately support gun rights over gun control. Yet who do the police believe should get gun access? When do they pursue aggressive enforcement of gun laws? And what part does race play in all of this? Policing the Second Amendment unravels the complex relationship between the police, gun violence, and race. Rethinking the terms of the gun debate, Jennifer Carlson shows how the politics of guns cannot be understood—or changed—without considering how the racial politics of crime affect police attitudes about guns. Drawing on local and national newspapers, interviews with close to eighty police chiefs, and a rare look at gun licensing processes, Carlson explores the ways police talk about guns, and how firearms are regulated in different parts of the country. Examining how organizations such as the National Rifle Association have influenced police perspectives, she describes a troubling paradox of guns today—while color-blind laws grant civilians unprecedented rights to own, carry, and use guns, people of color face an all-too-visible system of gun criminalization. This racialized framework—undergirding who is “a good guy with a gun” versus “a bad guy with a gun”—informs and justifies how police understand and pursue public safety. Policing the Second Amendment demonstrates that the terrain of gun politics must be reevaluated if there is to be any hope of mitigating further tragedies.

Constitution

Constitution
Author: United States
Publisher:
Total Pages: 66
Release: 1893
Genre:
ISBN:
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Armed Citizens

Armed Citizens
Author: Noah Shusterman
Publisher: University of Virginia Press
Total Pages: 354
Release: 2020-09-01
Genre: History
ISBN: 0813944627
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Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.

Firearms Law and the Second Amendment

Firearms Law and the Second Amendment
Author: Nicholas J. Johnson
Publisher: Aspen Publishing
Total Pages: 1470
Release: 2021-10-06
Genre: Law
ISBN: 1543826822
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Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms