Under Fire: The New Consensus on the Second Amendment

Barnett, Randy E.; Kates, Don B.

doi:10.2139/ssrn.2960741

Cited by 7 publications

(4 citation statements)

References 27 publications

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“…85. See Nedelsky, Private Property, [3][4][5][6][7][8][9]and Tomlins,Law,Labor,and Ideology,[60][61][62][63][64][65][66]. Joyce Appleby also concludes: "The Constitution closed the door on simple majoritarian government in the United States.…”

Section: Discussionmentioning

confidence: 99%

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Gun Laws in Early America: The Regulation of Firearms Ownership, 1607–1794

Bellesiles¹

1998

Law hist. rev.

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King James I stated the official position of the English governing elite on gun ownership succinctly. When it was suggested that more of England's subjects should enjoy the right to hunt and own firearms, James responded that “it is not fit that clowns should have these sports.”Discussion of early American gun laws begins with consideration of the English legal heritage. In the last few years, adherents of the self-described “standard model” of the meaning of the Second Amendment have constructed a paradigm of an uninterrupted tradition of legally sanctioned individual gun ownership in America. Such a construction starts with the idea that the British brought an acceptance of the universal ownership of firearms with them to the Americas. That cultural norm gave form to the meaning of the Second Amendment, which institutionalized an individual right to bear arms for purposes of personal and communal defense and as a security against a tyrannical government. This history matters greatly to these scholars in establishing an original intent in the Second Amendment to protect an individual's right to own guns.

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Section: Discussionmentioning

confidence: 99%

“…The publication of works by Merrill Jensen, Jackson Turner Main, and, in particular, Gordon Wood heralded a new appreciation of Beard's analysis. 5 Thus, while Wood dismisses Beard's interpretation as too narrow, he credits him with asking the right questions and being on the right track in his quest for answers:…”

Section: Shlomo Slonimmentioning

confidence: 99%

Gun Laws in Early America: The Regulation of Firearms Ownership, 1607–1794

Bellesiles¹

1998

Law hist. rev.

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“…And by the late twentieth century, scholarship on the Amendment was booming. Some legal academics supported an understanding of federal gun rights beyond anachronistic state militias (e.g., Levinson 1989;Cottrol & Diamond 1991;Barnett & Kates 1996;Volokh 1998; see also Tushnet 2007). There were also judicial rumblings.…”

Section: The Heller Decision 12mentioning

confidence: 99%

Gun Control after Heller: Litigating against Regulation

Cook¹,

Ludwig²,

Samaha³

2009

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The "core right" established in D. C. vs. Heller (2008) is to keep an operable handgun in the home for self-defense purposes. If the Court extends this right to cover state and local jurisdictions, the result is likely to include the elimination of the most stringent existing regulations -such as Chicago's handgun ban -and could also possibly ban regulations that place substantial restrictions or costs on handgun ownership. We find evidence in support of four conclusions: The effect of Heller may be to increase the prevalence of handgun ownership in jurisdictions that currently have restrictive laws; Given the best evidence on the consequences of increased prevalence of gun ownership, these jurisdictions will experience a greater burden of crime due to more lethal violence and an increased burglary rate; Nonetheless, a regime with greater scope for gun rights is not necessarily inferior -whether restrictive regulations would pass a cost benefit test may depend on whether we accept the Heller viewpoint that there is a legal entitlement to possess a handgun; In any event, the core right defined by Heller leaves room for some regulation that would reduce the negative externalities of gun ownership.

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“…Therefore, we are not concerned in this essay with the effects of gun control, only with its justi cation on pure libertarian grounds. For the utilitarian case against gun control, see Kates (1984Kates ( , 1986Kates ( , 1990Kates ( , 1991Kates ( , 1992, Kates et al (1995), Barnett and Kates (1996), Halbrook (1995), Kleck (1991), Kleck and Patterson (1993), Mauser (1992), Mauser and Holmes (1992), Polsby and Kates (1998), Lott (1998) and Lott and Mustard (1997). 6.…”

Section: Notesmentioning

confidence: 99%

Toward a Universal Libertarian Theory of Gun (Weapon) Control: A Spatial and Geographical Analysis

Block¹,

Block²

2000

Ethics, Place & Environment

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The debate over gun control has taken place in complete isolation from geographical considerations. It focuses on, for the most part, whether legalization would bring about more or fewer accidental deaths, and murders of innocents, than prohibition, and in the USA on the precise meaning of the second amendment to the Constitution. However, these deliberations, argue the authors of the present paper, can be enriched by incorporating into them a spatial context. When this is done, and they are combined with the property rights philosophy of libertarianism, some very different conclusions are drawn.

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Under Fire: The New Consensus on the Second Amendment

Abstract: We wish to thank Charlotte Edelman and Cecelia Gasner for their research assistance and C.B. Kates for his suggestions. Permission to photocopy for classroom use is hereby granted.

Cited by 7 publications

References 27 publications

Gun Laws in Early America: The Regulation of Firearms Ownership, 1607–1794

Gun Laws in Early America: The Regulation of Firearms Ownership, 1607–1794

Gun Control after Heller: Litigating against Regulation

Toward a Universal Libertarian Theory of Gun (Weapon) Control: A Spatial and Geographical Analysis

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