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Full-Text Articles in Law
Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii
Recalibrating Bruen: The Merits Of Historical Burden-Shifting In Second Amendment Cases, Kevin G. Schascheck Ii
Belmont Law Review
After Bruen, the prevailing assumption was that the Second Amendment framework shifted radically for all gun laws. Courts throughout the country have already invalidated key gun safety statutes while applying the new test. However, such holdings fail to grapple with the full weight of Second Amendment doctrines. A proper application of the doctrine in toto will result in no significant changes to the constitutionality of the vast majority of gun laws after Bruen.
This Article explains the underdeveloped interaction between two principal Second Amendment doctrines - presumptions of legal validity and historical analyses. That interaction, framed in its simplest terms, …
Party Alignment On Gun Laws: Urban V.S. Rural, Roz Rozner
Party Alignment On Gun Laws: Urban V.S. Rural, Roz Rozner
Belmont University Research Symposium (BURS)
Mass shootings in the United States have led to debate about gun rights and increased division over the second amendment. Have parties’ positions on gun laws affected voter alignment? This study seeks to determine the effects of restrictive gun laws over time on party alignment within the United States. The urban rural divide in the United States has played a distinctive role in voter alignment on issues like restrictive gun laws. To evaluate this claim, this study uses the Pew Research Center and other opinion polls from the last twenty years to determine whether restrictive gun laws produce higher levels …