Volume 17, Issue 3: Gun Control (Old Problems, New Paradigms)

Articles

The Early American Origins of the Modern Gun Control Debate: The Right to Bear Arms, Firearms Regulation, and the Lessons of History

The gun control arguments are a development from the Jacksonian era, as the debate was inherited from the Founding period when the Second Amendment was instated. The original argument maintained that the right to bear arms was a right belonging to citizens in pursuit of public defense. In the nineteenth century, some Americans began to believe their individual right was threatened as new restrictions, such as the time, place, and manner regulation, were enacted. Read more about The Early American Origins of the Modern Gun Control Debate: The Right to Bear Arms, Firearms Regulation, and the Lessons of History

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 571
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The Reasonable Right to Bear Arms

The Second Amendment is widely argued in the context of whether it should be approached under an individual or a collective rights model. However, this debate leads to another: what standard of review to apply should the individual right be recognized? Forty-two states have adopted the individual rights approach and often use the standard of “reasonable regulation” for arms right cases, although it only provides a barrier to the starkly extreme and unfair actions connected to bearing arms. Read more about The Reasonable Right to Bear Arms

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 597
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The Limits of Incorporation: Violence, Gun Rights, and Gun Regulation in the Reconstruction South

At the onset of Reconstruction in the South, the issue arose of whether white citizens still maintained the right to bear arms and defend the public against black policemen. Much of the scholarship on the Second Amendment in this era surrounds the question of whether the Fourteenth Amendment incorporated this right to bear arms for citizens. This Article takes a different view, termed “popular constitutionalism,” to contextualize the importance of arms bearing in the Reconstruction-era South. Read more about The Limits of Incorporation: Violence, Gun Rights, and Gun Regulation in the Reconstruction South

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 615
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The Public Health Approach to Reducing Firearm Injury and Violence

The United States maintains a much higher amount of death and injuries from firearms than many other developed, high-income countries in the world. Proponents of the right to bear arms still argue that the financial and social costs of injuries from firearms are outweighed by the social benefits, such as the protection it provides. This Article contextualizes the costs as a public health problem and suggests how taking such an approach can reduce the resulting violence and death that is of major concern with citizens’ right to own firearms.  Read more about The Public Health Approach to Reducing Firearm Injury and Violence

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 635
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Cultural Anatomy of a Gun Show

While gun shows are marketplaces to sell firearms and various goods, they are also cultural marketplaces where ideas and values are also sold. Commodifying the Second Amendment in every aspect, the messages that are sent at gun shows revolve around the importance of guns as relating to the United States, war, and masculinity. Lawsuits have recently raised the issue of whether how guns are sold at these shows can be protected under political and commercial speech. This Article explores the nature of gun shows and even gun advertisements as political statements. Read more about Cultural Anatomy of a Gun Show

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 657
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A Cultural Turn: Reflections on Recent Historical and Legal Writing on the Second Amendment

More recently, gun scholarship cannot avoid discussion of a cultural dimension in addition to the legal and empirical arguments that exist. This Article discusses select legal and historical scholarship on the Second Amendment and contextualizes the scholarship on the central cultural theme. It suggests how the recent studies of this Amendment have incited a newfound cultural anthropology approach to law that will even influence how various legislative doctrines, including the Fourteenth Amendment and Bill of Rights, are interpreted.  Read more about A Cultural Turn: Reflections on Recent Historical and Legal Writing on the Second Amendment

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 671
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Comments

Introduction

Debates over the Second Amendment are two-fold: the legal issues probe at the choice between collective and individual rights when examining the Amendment, and the empirical argument discusses the possibility for gun ownership to be a crime deterrent. The Articles in this symposium address both the legal and empirical issues that arise in the debate over this Amendment and introduce the cultural argument that now factors into the gun control conversation. Read more about Introduction

  • June 2006
  • 17 Stan.L.& Pol'y Rev. 563
  • Comment