Pro Second Amendment

This book provides the reader with a logical and understandable examination of the Second Amendment dispute. The text is organized chronologically to track the evolution of the right to keep and bear weapons from ancient Greek history to its incorporation into the United States Constitution. Supplemental writings by the author bolster his claims by discussing the interpretation of the Second Amendment in the modern world from the perspectives of weapons aficionados. The book pools together scholarly journals and academic papers relating to the Second Amendment written by various scholars and directed towards students, law professors, judges, and attorneys.

Blocher, J. (2015). Hunting and the Second Amendment. Notre Dame L. Rev., 91, 133.

The main issue in this article is the debate on the meaning and scope of the Second Amendment with regard to whether it protects the bearing of firearms for self-defence, maintenance of the militia, tyranny prevention or a combination of these issues. The author denotes that approximately half of the gun owners in America have identified sport shooting and hunting as the main reason for owning firearms, A lot of rhetoric from the public suggests that these activities fall squarely within the scope of the Second Amendment despite some gun rights advocates insisting that the Amendment is not meant for hunting and such activities are irrelevant as far as the constitution is concerned.

Blocher, J., & Miller, D. A. (2016). What is gun control? Direct burdens, incidental burdens, and the boundaries of the Second Amendment. The University of Chicago Law Review, 295-355.

This article denotes that the gun neutral civil and criminal laws form an important basis for the legal regulation of guns particularly in places where there are few recognizable laws on gun control. These rules are likely to impose significant burdens on the keeping and bearing of arms though they can also be incidental an aspect which raises difficulty questions regarding the boundaries between regulations, the constitution and private ordering that are legally enforcing. Some of the questions raised are whether the Second Amendment applies to nuisance, negligence and civil suits, or whether the Amendment covers gun neutral laws such as disturbing the peace.

Charles, P. J. (2014). The Second Amendment in the Twenty-First Century: What Hath Heller Wrought?. Browser Download This Paper.

This article makes use of the District of Columbia v. Heller case law to explore the issue of the Second Amendment and the public discourse. The article breaks down the discourse into two categories; the political discourse and the public discourse. The political discourse explores the impact of the right on law-making and politics while the public discourse explores the impact of the right on the societal opinions. The article goes further to state that the two categories are intertwined in many respects. This is because political rhetoric and debate often have an influence on the view of society regarding what is deemed as lawful and what is not.

Charles, P. J. (2015). The Faces of the Second Amendment Outside the Home, Take Two: How We Got Here and Why It Matters. Clev. St. L. Rev., 64, 373.

In this article, the author describes the Second Amendment as the unfettered right to carry firearms an aspect which began in the late twentieth century. The author, however, finds this expansive meaning as lacking historical support. Drawing from historical evidence, there is a disparity between the modern day interpretations of the Second Amendment and the Anglo-American origins of carrying arms. The article also mentions that the differences in arm laws between states as analysed from a historical and regional point of view is likely to require the Supreme Court to come up with an explanation of what needs to dictate the meaning of the Second Amendment.

Christensen, C. D. (2016). The True Man and His Gun: On the Masculine Mystique of Second Amendment Jurisprudence. Wm. & Mary J. Women & L., 23, 477.

This article talks about how the Supreme Court’s recent jurisprudence on the Second Amendment raises serious questions regarding the use of firearms for self-defence.

The jurisprudence has various implications on the prevailing social norms with regard to structurally pervasive gender roles. The author argues that the American conception of masculinity underpins the purpose of the Second Amendment in relation to guaranteeing the right to armed self-defence. This article mainly focuses on exploring the social-legal structures by stipulating how the right to keep and bear arms is created from a dubious ideal of the American man as well as how the jurisprudence galvanizes masculinity.

Collins, L. J. (2014). The Second Amendment as Demanding Subject: Figuring the Marginalized Subject in Demands for an Unbridled Second Amendment. Rhetoric & Public Affairs, 17(4), 737-756.

This article sees the Second Amendment as a demanding subject and makes a distinction between rights and freedom. The author denotes that American politics often equates constitutional rights with freedom. However, there is a huge existing difference between rights which should be seen as stable and institutionalized and freedom which is real, radical ad ungrounded. The author further argues that those engaging in politics of rights primarily do so because of identity work accomplished by their rights. The article uses Lundberg’s framework to bring a better understanding of the phenomenon by looking at the discourses which surround the Second Amendment.

Cottrol, R. J., & Diamond, R. T. (1991). The second amendment: toward an Afro-Americanist reconsideration. Geo. LJ, 80, 309.

The article recognizes the strident debate over the Second Amendment which can be equated to other American Constitutional historiographies. The debate has been occurring largely in the absence of the Supreme Court opinion, and it has created a historical controversy with the framers’ intentions gleaned from indirect evidence. The article goes further to denote that this has been a scholarly debate that many members have been unwilling to join until recently. The field had been primarily left to independent scholars who are mainly concerned with the gun control controversy. The debate on the Second Amendment is largely linked to the debate over gun control and the extent to which the government is limited in the prohibition of private ownership of firearms.

Esposito, L., & Finley, L. L. (2014). Beyond gun control: Examining neoliberalism, pro-gun politics and gun violence in the united states. Theory in Action, 7(2), 74.

The authors of the article talk of the Sandy Hook Elementary school shootings in Newtown, Connecticut which prompted a national debate on the minimization of gun violence. The debate was more focussed on matters relating to gun control and the Second Amendment. The main point in this article is that most of the discussions around the issue have largely ignored neoliberalism and its role in supporting many values, behaviours, and perspectives since the 1980s relating to the American pro-gun culture and politics. The article discusses neoliberal ideologies of the pro-gun claims related to self-reliance, dangers of big government, rugged individualism and gun violence as an individual problem.

Harrison, J. (2016). Time, Place, and Manner Restrictions for Firearms: What the First Amendment Can Tell Us About the Future of Second Amendment Jurisprudence. Brigham Young University Prelaw Review, 30(1), 17.

The article uses various case laws to explain the restrictions on firearms and what we can learn from the First Amendment regarding the future of the jurisprudence of the Second Amendment. The article talks about the 1939 Supreme Court hearing on the United States v. Miller case whereby it was held that the possession of unofficial militia service firearms was not protected by the Constitution. It also talks of another Second Amendment Case held nearly seventy years later between District of Columbia v. Heller whereby the militia service rationale was reversed. In the case, it was denoted that the Second Amendment was intended to protect the right to self-defence for citizens.

Kates, D. B. (1983). Handgun prohibition and the original meaning of the Second Amendment. Michigan Law Review, 82(2), 204-273.

The article is mainly concerned with the link between the suggested prohibition of handguns and the Second Amendment. It explores the controversy between exclusivity states’ view and the individual right view. The article further analyses the historical background of the Second Amendment’s proposal and ratification as well as the philosophical background that gave birth to the belief in the need for an armed population. It also explores the contemporary understanding of the Second Amendment and considers the subsequent judicial interpretations. The article also raises the question of the amendment’s incorporation against the states and underlines the constitutional limitations on the right of the citizens to bear and use firearms.

Klukowski, K. A. (2014). Making Second Amendment Law with First Amendment Rules: The Five-Tier Free Speech Framework and Public Forum Doctrine in Second Amendment Jurisprudence. Nebraska Law Review 429.

This article talks of the five-tier framework of standards of review governing the First Amendment by claiming that it should also govern the Second Amendment. The author stipulates that the judges need to recur to a framework instead of coming up with a series of tests for reaching correct judgments in a vastly changing wave of Second Amendment litigation. A common framework to govern the constitutional liberties could be philosophically attractive in shifting towards a coherent system of constitutional review. The author, however, states that it is important to realize that a universal theory of governing constitutional law has continuously eluded the judiciary.

Kopel, D. B. (2013). The First Amendment Guide to the Second Amendment. Tenn. L. Rev., 81, 417.

This article is composed of four parts with the first part talking of the Supreme Court’s indications on the use of the First Amendment tools in resolving the Second Amendment issues. According to the article, the Supreme Court cases suggested the interpretation of both the First Amendment and Second Amendment in the same manner. The second part of this article talks of how influential lower court decisions have either followed or misapplied this decision of the Supreme Court. The third part outlays some general principles of the First Amendment which are valid for the Second Amendment. The final part indicates how First Amendment doctrines can be applied in the Second Amendment jurisprudence.

Kopel, D. B., Cramer, C. E., & Olson, J. E. (2013). Knives and the Second Amendment. U. Mich. JL Reform, 47, 167.

This article illustrates the first scholarly analysis of knives and the Second Amendment. The article stipulates that the knives are clearly among the arms under the protection of the Second Amendment. The authors cite the case study of the Supreme Court’s in District of Columbia v. Heller whereby knives were said to be Second Amendment arms. This is because knives are typically in possession of law-abiding citizens who use them for lawful purposes such as self-defence. The article mentions the unconstitutionality on bans of knives opening in a convenient way such as butterfly knives, switchblades, and gravity knives. Additionally, it also includes unconstitutionality of bans on folding knives with safety locks as well as prohibitions on carrying knives in general.

Lund, N. (1987). The second amendment, political liberty, and the right to self-preservation. Ala. L. Rev., 39, 103.

This article claims that the Second Amendment which is responsible for protecting the right to keep and bear firearms is widely regarded as a threat to the safety of the public. Subsequently, it is a narrow provision which is highly irrelevant to modern problems. The article further points out that these views are incorrect and are a real distraction from the real challenge which is to form an interpretation of the Second Amendment that can be adopted by the Supreme Court in light of its approach to the people’s liberties. The ability of the Supreme Court to focus its attention on the Second Amendment is likely to lead to a reasonable approach to solving the problems dominating the discussion on the issue.

Reynolds, G. H. (1994). A critical guide to the Second Amendment. Tenn. L. Rev., 62, 461.

This material contains various articles relating to the Second Amendment of the US Constitution. These articles present a rich and interesting literature on the Pro Second Amendment. The article stipulates that the past several years have experienced an explosion of scholarship on the Second Amendment. The explosion is partly as a result of the increased prominence of debates on gun control as well as the natural tendency of constitutional law scholars to search for unexplored subjects for basing their studies. The article summarizes and criticizes these scholarships in order to achieve two purposes. First, it provides readers with sufficient background in order to become literate on matters relating to the Second Amendment. Second, the article criticizes ad synthesizes the Second Amendment literature in order to provide areas for future research.

Rosenthal, L. (2014). The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control. Wash. UL Rev., 92, 1187.

This article talks of the Second Amendment as the only provision present in the Bill of Rights which has a preamble. The preamble states that a well-regulated militia is necessary to the security of a free state and, therefore, the right of keeping and bearing firearms should not be infringed. The article makes reference to various case laws in explaining the limits of the Second Amendment as well as the Constitutional case for gun control. It uses case laws such as the United States v. Miller and the District of Columbia v. Heller in order to assess the constitutionality of the Second Amendment and gun control.

Shaw, T. (2016). Recent Developments: The Constitutionality of Regulations and Bans on the Second Amendment. University of Baltimore Journal of Land and Development, 6(1), 3.

The article focuses on the recent developments relating to the constitutionality of the Second Amendment regulations and bans. It talks of a California zoning ordinance that was overturned by the 9th circuit. The ordinance infringed upon the right to own and operate a gun store as explained in the Second Amendment. According to the ordinance, any store involved in selling or operating firearms is required to be 500 feet away from any front door of a school, residential buildings, government buildings as well as other stores selling firearms. In this particular case, the court recognized that the protection of the fundamental rights of an individual as stipulated in the Second Amendment was important as compared to an overbearing government ordinance.

Van Alstyne, W. (1993). Second Amendment and the Personal Right to Arms, The. Duke lj, 43, 1236.

This article takes a look at the issue of the Second Amendment as well as the personal right to firearms. The article indicates that the short provision in the Second Amendment of the Bill of Rights is perhaps one of the provisions of the Constitution which causes one to stumble so much whether on a first reading, second or third. The author explains that the reason for the stumbling is because of an apparent disconnection as one reads. In this article, the author gives an interpretation of the Second Amendment in relation to the right to arms by quoting various clauses and referencing certain case laws.

Yuill, K., & Street, J. (Eds.). (2017). The Second Amendment and Gun Control: Freedom, Fear, and the American Constitution. Routledge.

This book broadens the discussion on the Second Amendment and Gun Control by situating discussions on gun controls within contemporary debates. These debates are centered on citizenship, foreign policy, philosophy, culture and also in familiar political and historical territories. The book takes into account experts on the Constitution, and the chapters discuss the role firearms play in the race, the symbolic importance of Annie Oakley as well as filmic representations of armed Hispanic girl gangs. It also focuses on the morality of gun controls and the failure to impose them. The author presents a balanced view between individuals favouring more gun controls and those preferring fewer gun controls.