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Law

2008

Civil Rights

Clayton E Cramer

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Full-Text Articles in Law

The Second Amendment: Scope And Criminological Considerations, Clayton E. Cramer Jul 2008

The Second Amendment: Scope And Criminological Considerations, Clayton E. Cramer

Clayton E Cramer

The recent decision D.C. v. Heller (2008) has opened up the question of what the Second Amendment protects. What “arms” are protected? What classes of persons may be properly prohibited from being armed?


Heller, The Second Amendment, And The Right To Arms, Clayton E. Cramer Jul 2008

Heller, The Second Amendment, And The Right To Arms, Clayton E. Cramer

Clayton E Cramer

D.C. v. Heller (2008) was immediately recognized as a dramatic change in how the U.S. Supreme Court interprets the Second Amendment. This paper explains why the Court accepted what is now called the Standard Model of the Second Amendment—and rejected various other theories. It also explains why the Heller decision may actually make it easier to move forward and adopt moderate gun control laws, now that the Court has recognized that the Constitution protects an individual right of law-abiding adults to possess firearms for self-defense.