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The Misapplication Of The Lautenberg Amendment In Voisine V. United States And The Resulting Loss Of Second Amendment Protection, Cynthia M. Menta
The Misapplication Of The Lautenberg Amendment In Voisine V. United States And The Resulting Loss Of Second Amendment Protection, Cynthia M. Menta
Akron Law Review
Over the past two decades, Congress has enacted various laws aimed at protecting victims of domestic violence. One such law is 18 U.S.C. § 922(g)(9), also known as the Lautenberg Amendment, which prohibits any person convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, because the Second Amendment has been deemed a fundamental right by the Supreme Court, such a restriction on firearms possession is only permissible if it serves a compelling government interest. Unfortunately, since the Lautenberg Amendment was enacted in 1996, the courts have struggled to interpret its ambiguous terms, which has made it …
Clearing The Smoke From The Right To Bear Arms And The Second Amendment, Anthony J. Dennis
Clearing The Smoke From The Right To Bear Arms And The Second Amendment, Anthony J. Dennis
Akron Law Review
Despite raging battles in Congress, in the press and in state legislatures over gun control, the Second Amendment of the United States Constitution, the very source of every U.S. citizen's right to possess firearms, is one of the most ignored and overlooked parts of the American Bill of Rights. Much of what has been said about the Second Amendment is hostile to the very rights so plainly guaranteed in that provision. Law school constitutional law classes frequently study the First Amendment, "close their eyes" to the Second and move immediately on to study the Fourth Amendment. Some have speculated that …
"Your Weapons, You Will Not Need Them." Comment On The Supreme Court's Sixty-Year Silence On The Right To Keep And Bear Arms, Anthony Gallia
"Your Weapons, You Will Not Need Them." Comment On The Supreme Court's Sixty-Year Silence On The Right To Keep And Bear Arms, Anthony Gallia
Akron Law Review
Interpretation of the Second Amendment can be divided into two different schools of thought; individual rights theorists, and collective rights theorists. Individual rights theorists argue that the Second Amendment creates a right in every person to keep and bear arms. Collective rights theorists advance the position that the Second Amendment creates a collective right in the people as a whole. The purpose of this comment is to emphasize the controversy surrounding the Second Amendment and the need for guidance on the issue by the United States Supreme Court. Part II of this article discusses the text of the Second Amendment …