Showing papers in "Journal on firearms and public policy in 1996"
Journal Article•
TL;DR: Funk examines unique characteristics of "Saturday Night Specials" which are said to make them more appropriate for prohibition than other firearms and makes the case that a ban on low-cost handguns may amount to unconstitutional discrimination against the poor or minorities as discussed by the authors.
Abstract: Ever since the beginning of the modern gun control debate, in the 1960s, prohibitions on small, inexpensive handguns -- so-called "Saturday Night Specials" -- has been a central issue. In this article, Markus Funk examines unique characteristics of "Saturday Night Specials" which are said to make them more appropriate for prohibition than other firearms. In addition, he makes the case that ban on low-cost handguns may amount to unconstitutional discrimination against the poor or minorities. A slightly different version of this article was originally published in 1995 in volume 8 of the Journal of Criminal Law and Criminology, beginning at page 764; this article is reprinted with permission.
15 citations
Journal Article•
TL;DR: In this article, the authors examine decisions from three states (Oregon, Colorado, and Ohio) that upheld the constitutionality of "assault weapon" laws in the early 1990s and suggest that the decisions were result-oriented, disingenuous, and illegitimate.
Abstract: While the Second Amendment to the United States Constitution garners a great deal of attention in the gun rights debate, the rights to arms provision contained in state constitutions have historically been more important in actual litigation. This article examines decisions from three states -- Oregon, Colorado, and Ohio -- upholding the constitutionality of "assault weapon" laws in the early 1990s. The article suggests that the decisions were result-oriented, disingenuous, and illegitimate. The article first appeared in the annual state constitutional law issue of the Temple Law Review, volume 68, beginning on page 1177, in 1995.
1 citations
Journal Article•
TL;DR: In this paper, archeological evidence from gravesites in ancient Britain was used to examine the link between individual freedom and ownership of weapons and found that individual freedom is linked with ownership of a firearm.
Abstract: Controlling the populace by controlling weapons is not a novel idea. Examining archeological evidence from gravesites in ancient Britain, the author details the link between individual freedom and ownership of weapons.
Journal Article•
TL;DR: In this paper, the authors argue that taking the Second Amendment seriously as a state's right has enormous implications, which have not been addressed by anti-gun advocates, and they conclude that such a "state's right" interpretation of the second amendment would have enormous implications.
Abstract: Gun control advocates frequently attempt to deflect the Second Amendment by claiming that the Amendment merely guarantees a "state's right." But gun control advocates never explain what they mean when they claim that the Second Amendment guarantees a right to state governments, rather than a right of the people. In this article, the authors attempt to flesh out exactly what a "state's right" interpretation of the Second Amendment would mean. They conclude that taking the Second Amendment seriously as a state’s right has enormous implications, which have not been addressed by anti-gun advocates.