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Second Amendment

Duke Law

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Exclusive and concurrent legislative powers

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Full-Text Articles in Law

Cities, Preemption, And The Statutory Second Amendment, Joseph Blocher Jan 2022

Cities, Preemption, And The Statutory Second Amendment, Joseph Blocher

Faculty Scholarship

Although the Second Amendment tends to dominate the discussion about legal limits on gun regulation, nothing has done more to shape the state of urban gun law than state preemption laws, which fully or partially limit cities’ ability to regulate guns at the local level. The goals of this short Essay are to shed light on this “Statutory Second Amendment” and to provide a basic framework for evaluating it.