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College of Law Faculty Scholarship

2008

Keep and bear arms

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Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning Jan 2008

Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

Part of an Ohio State Law Journal symposium on the Supreme Court's decision finding an individual right to arms in District of Columbia v. Heller, this article offers five takes on what the Heller decision might mean, and how it may play out in lower courts. First, we argue that Heller essentially followed the prevailing national consensus on the meaning of the Second Amendment. Second, we argue that this fact furnishes an important data point for those who argue that the Court usually follows, rather than leads, public opinion on disputed matters; and that, when it invalidates laws, it does …