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Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Series

2016

Firearms--Law and legislation

Articles 1 - 2 of 2

Full-Text Articles in Law

Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller Jan 2016

Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller Jan 2016

Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?