Journal Article•
North to the Future of the Right to Bear Arms: Analyzing the Alaska Firearms Freedom Act and Applying Firearm Localism to Alaska
TL;DR: The Second Amendment has been one of the most hotly contested and politically charged protections of the Bill of Rights as discussed by the authors, and it has been used as a mechanism for challenging broad government regulation while conversely advocating for states' rights.
Abstract: The Second Amendment has gone from a rarely invoked constitutional provision to being one of the most hotly contested and politically charged protections of the Bill of Rights. Additionally, small government advocates have used local gun laws as a mechanism for challenging broad government regulation while conversely advocating for states’ rights, with Alaska recently joining a series of states seeking to expand local gun rights by passing state laws that nullify federal gun laws. Given Supreme Court case law and as demonstrated by recent Ninth Circuit precedent, the nullification course is almost certainly ill fated. Apart from the big government/small government proxy war being waged through local gun laws, others see the local, traditional character of the right to bear arms in a particular place as the most appropriate manner for scrutinizing regulation, given Supreme Court precedent and historic tradition. Copyright © 2016 by John Hill. * J.D., Duke University School of Law, 2016. Many thanks to Professors Darrell Miller and Joseph Blocher for sparking my interest in the Second Amendment and gun regulation and for providing generous feedback and guidance throughout this process; to my colleagues at the Alaska Law Review for their diligent and thoughtful commentary; to Dorothy for her patience and encouragement; and finally, to my mother for her constant love and support, and my father for imparting to me enduring inspiration and unquenchable curiosity. ARTICLE 5 HILL (DO NOT DELETE) 6/17/2016 2:46 PM 126 ALASKA LAW REVIEW [33:1
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01 Jan 2018
Abstract: Perceptions of People’s Experiences Regarding Gun Violence by Charles Ndikum MA, Chicago State University, 1996 BA, University of Minnesota, 1994 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University May 2018 Abstract Gun violence is a problem in many communities across the United States that are characterized by poverty, and lack of quality education, yet little is known about the experiences of victims of gun violence in these places. The purpose of this phenomenological study was to better understand how people who have been victims of gun violence perceive problems and solutions associated with the production, distribution, and ownership of guns. Based on the theoretical framework of Rousseau’s social contract theory, this study explored gun violence from the perspectives of 10 victims whose lives were directly or indirectly affected by gun violence to understand how victims perceive the obligations of government to the governed in terms of response to gun violence. Data from individual interviews were subjected to selective and open coding followed by a thematic analysis procedure. The key findings from this study revealed that gun violence victims were able to differentiate between the intended use of firearms and its abuse. The victims associated the abuse of firearms to deteriorating social factors. In accordance with the classic premise of the social contract theory, the victims thought that the fight against gun violence needed to be led by the affected communities. The results of this study demonstrated what appeared to be a new rendition of theory, that instead of challenging local authorities, the victims opted for a leadership-based collaborative approach to eradicate the underlying social weaknesses that lead to gun violence. The conclusions drawn from this study may provide insight into appropriate measures that can aid in social uplift among affected communities, such as modifications to existing gun control laws to promote safety and efficiency and citizen collaboration toward improved regulation.Gun violence is a problem in many communities across the United States that are characterized by poverty, and lack of quality education, yet little is known about the experiences of victims of gun violence in these places. The purpose of this phenomenological study was to better understand how people who have been victims of gun violence perceive problems and solutions associated with the production, distribution, and ownership of guns. Based on the theoretical framework of Rousseau’s social contract theory, this study explored gun violence from the perspectives of 10 victims whose lives were directly or indirectly affected by gun violence to understand how victims perceive the obligations of government to the governed in terms of response to gun violence. Data from individual interviews were subjected to selective and open coding followed by a thematic analysis procedure. The key findings from this study revealed that gun violence victims were able to differentiate between the intended use of firearms and its abuse. The victims associated the abuse of firearms to deteriorating social factors. In accordance with the classic premise of the social contract theory, the victims thought that the fight against gun violence needed to be led by the affected communities. The results of this study demonstrated what appeared to be a new rendition of theory, that instead of challenging local authorities, the victims opted for a leadership-based collaborative approach to eradicate the underlying social weaknesses that lead to gun violence. The conclusions drawn from this study may provide insight into appropriate measures that can aid in social uplift among affected communities, such as modifications to existing gun control laws to promote safety and efficiency and citizen collaboration toward improved regulation. Perceptions of People’s Experiences Regarding Gun Violence by Charles Ndikum MA, Chicago State University, 1996 BA, University of Minnesota, 1994 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University May 2018 Dedication This dissertation is dedicated to my late dad James Manwun Ndikum and mom Philomina Bukwere Ndikum for always being there for me and having faith in my Godgiven gifts. They still have confidence every one of their kids and encourage them always to strive to do their best and leave the rest to the Lord. My late dad’s wish was to have one of his kids become a doctor. I just accomplished that for him. I am thankful to have you all as my biggest supporters. Your unending affection roused me to wrap up this study. I additionally need to commit this to my lovely wife Jacqueline Ndikum for enduring me for 22 years and my 4 kids: Terence N. Mofor, Charles E. Ndikum Jr., Ashley Ndikum and Desere Ndikum. My wife and my 4 kids are my most significant accomplishment, and with whom I am so proud. I cherish all of you with all my heart with all the support and love you have given me through this educational journey. It is also dedicated to my brothers and sisters, Victorine Mujang Tasog, Marcel Chinje Ndikum, Edith Shuri Chofor, Evelyn Lum McCurdy, Evangeline Che Ndikum and my late brother Denis Nji Ndikum. The support of the Manwun Ndikum family had given me tremendous strength and endurance when I was worn out and required a push. Much thanks to all of you for your endowments of confidence in God and love of education, it has furnished me with inspiration to satisfy my dreams. Acknowledgments I would like to thank my committee chairs, Dr. Frances Goldman, my committee member Dr. Clarence Williamson and John Walker for their guidance and support throughout this research. I would also like to thank Dr. Francis Tormen, Dr. Mathias Fobi, Dr. Muta Che, and Dr. Christopher Atang for all their advice, support, and words of wisdom. A big thank you also goes out to all my friends. I would like to personally recognize Henry Halle, Reginald McCurdy, Vivian Che, Forban Willibrod Bemah, Martial Etame, Sammy Etame, and Jacque Paul Etame, for all your support. Thank you to my academic adviser La Toya Johnson and the Social Behavioral and Public Policy Department for all their help and encouragement. Finally, thank you to my father-in-law Hon. Siegfried David Etame Massoma, Jacque Etame, Dr. Jacque Eckebil and my mother-in-law Theodora Etame for your consolation and support. Your support was a constant source of inspiration throughout this educational journey.
21 citations
Cites background from "North to the Future of the Right to..."
...knew it was doubtful that any criminal would even come forward and register their firearms, being they would also have to provide fingerprints (Appelbaum, 2016; Hill, 2016; Schildkraut & Hernandez, 2014)....
[...]
...The registration requirement was also directed at “gangsters,” because legislators knew it was doubtful that any criminal would even come forward and register their firearms, being they would also have to provide fingerprints (Appelbaum, 2016; Hill, 2016; Schildkraut & Hernandez, 2014)....
[...]
...The NFA mandated that these firearms be registered (Appelbaum, 2016; Hill, 2016; Schildkraut & Hernandez, 2014)....
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...This debate is based around various interpretations of the Second Amendment of the United States Constitution, which states that “a well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (Hill, 2016, p. #)....
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TL;DR: In this article, the authors predict the Second Amendment framework that the Heller majority has in mind or will embrace, using the text of the Heller decision and the constitutional jurisprudence of the majority.
Abstract: In District of Columbia v. Heller, the Supreme Court squarely confronted the meaning of the Second Amendment and held that it protected an individual right to keep and bear a firearm for lawful purposes, such as self-defense in the home. Simultaneously, however, the Heller Court refused to set a framework for reviewing Second Amendment claims, leaving the issue open for another day. This issue is crucial: since Heller, lower federal courts have been deluged by Second Amendment claims based on the case, yet such courts have very little guidance as to how to review such claims. This Comment argues that courts have more guidance than they may believe. Using the text of Heller and the constitutional jurisprudence of the Heller majority, this Comment predicts the Second Amendment framework that the Heller majority has in mind or will embrace. Specifically, it articulates a two-pronged test: whether the challenged regulation (1) falls within the scope of the right protected by the Second Amendment, and (2) satisfies a deferential form of strict scrutiny.This Comment received the 2010 Morgan Prize for most outstanding student note submitted to the Vanderbilt Law Review.
4 citations
TL;DR: Although the Wyoming Firearms Freedom Act conflicts with existing federal law, the Act is a constitutionally valid exercise of state power as discussed by the authors, which is a manifestation of the doctrines of interposition and nullification espoused by James Madison and Thomas Jefferson in the early history of the United States.
Abstract: Although the Wyoming Firearms Freedom Act conflicts with existing federal law, the Act is a constitutionally valid exercise of state power. The Act is a manifestation of the doctrines of interposition and nullification espoused by James Madison and Thomas Jefferson in the early history of the United States. The Act is also a clear exercise of state sovereignty that comports with the historical development of the Tenth Amendment.
1 citations
References
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01 Jan 2018
Abstract: Perceptions of People’s Experiences Regarding Gun Violence by Charles Ndikum MA, Chicago State University, 1996 BA, University of Minnesota, 1994 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University May 2018 Abstract Gun violence is a problem in many communities across the United States that are characterized by poverty, and lack of quality education, yet little is known about the experiences of victims of gun violence in these places. The purpose of this phenomenological study was to better understand how people who have been victims of gun violence perceive problems and solutions associated with the production, distribution, and ownership of guns. Based on the theoretical framework of Rousseau’s social contract theory, this study explored gun violence from the perspectives of 10 victims whose lives were directly or indirectly affected by gun violence to understand how victims perceive the obligations of government to the governed in terms of response to gun violence. Data from individual interviews were subjected to selective and open coding followed by a thematic analysis procedure. The key findings from this study revealed that gun violence victims were able to differentiate between the intended use of firearms and its abuse. The victims associated the abuse of firearms to deteriorating social factors. In accordance with the classic premise of the social contract theory, the victims thought that the fight against gun violence needed to be led by the affected communities. The results of this study demonstrated what appeared to be a new rendition of theory, that instead of challenging local authorities, the victims opted for a leadership-based collaborative approach to eradicate the underlying social weaknesses that lead to gun violence. The conclusions drawn from this study may provide insight into appropriate measures that can aid in social uplift among affected communities, such as modifications to existing gun control laws to promote safety and efficiency and citizen collaboration toward improved regulation.Gun violence is a problem in many communities across the United States that are characterized by poverty, and lack of quality education, yet little is known about the experiences of victims of gun violence in these places. The purpose of this phenomenological study was to better understand how people who have been victims of gun violence perceive problems and solutions associated with the production, distribution, and ownership of guns. Based on the theoretical framework of Rousseau’s social contract theory, this study explored gun violence from the perspectives of 10 victims whose lives were directly or indirectly affected by gun violence to understand how victims perceive the obligations of government to the governed in terms of response to gun violence. Data from individual interviews were subjected to selective and open coding followed by a thematic analysis procedure. The key findings from this study revealed that gun violence victims were able to differentiate between the intended use of firearms and its abuse. The victims associated the abuse of firearms to deteriorating social factors. In accordance with the classic premise of the social contract theory, the victims thought that the fight against gun violence needed to be led by the affected communities. The results of this study demonstrated what appeared to be a new rendition of theory, that instead of challenging local authorities, the victims opted for a leadership-based collaborative approach to eradicate the underlying social weaknesses that lead to gun violence. The conclusions drawn from this study may provide insight into appropriate measures that can aid in social uplift among affected communities, such as modifications to existing gun control laws to promote safety and efficiency and citizen collaboration toward improved regulation. Perceptions of People’s Experiences Regarding Gun Violence by Charles Ndikum MA, Chicago State University, 1996 BA, University of Minnesota, 1994 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University May 2018 Dedication This dissertation is dedicated to my late dad James Manwun Ndikum and mom Philomina Bukwere Ndikum for always being there for me and having faith in my Godgiven gifts. They still have confidence every one of their kids and encourage them always to strive to do their best and leave the rest to the Lord. My late dad’s wish was to have one of his kids become a doctor. I just accomplished that for him. I am thankful to have you all as my biggest supporters. Your unending affection roused me to wrap up this study. I additionally need to commit this to my lovely wife Jacqueline Ndikum for enduring me for 22 years and my 4 kids: Terence N. Mofor, Charles E. Ndikum Jr., Ashley Ndikum and Desere Ndikum. My wife and my 4 kids are my most significant accomplishment, and with whom I am so proud. I cherish all of you with all my heart with all the support and love you have given me through this educational journey. It is also dedicated to my brothers and sisters, Victorine Mujang Tasog, Marcel Chinje Ndikum, Edith Shuri Chofor, Evelyn Lum McCurdy, Evangeline Che Ndikum and my late brother Denis Nji Ndikum. The support of the Manwun Ndikum family had given me tremendous strength and endurance when I was worn out and required a push. Much thanks to all of you for your endowments of confidence in God and love of education, it has furnished me with inspiration to satisfy my dreams. Acknowledgments I would like to thank my committee chairs, Dr. Frances Goldman, my committee member Dr. Clarence Williamson and John Walker for their guidance and support throughout this research. I would also like to thank Dr. Francis Tormen, Dr. Mathias Fobi, Dr. Muta Che, and Dr. Christopher Atang for all their advice, support, and words of wisdom. A big thank you also goes out to all my friends. I would like to personally recognize Henry Halle, Reginald McCurdy, Vivian Che, Forban Willibrod Bemah, Martial Etame, Sammy Etame, and Jacque Paul Etame, for all your support. Thank you to my academic adviser La Toya Johnson and the Social Behavioral and Public Policy Department for all their help and encouragement. Finally, thank you to my father-in-law Hon. Siegfried David Etame Massoma, Jacque Etame, Dr. Jacque Eckebil and my mother-in-law Theodora Etame for your consolation and support. Your support was a constant source of inspiration throughout this educational journey.
21 citations
TL;DR: In this article, the authors predict the Second Amendment framework that the Heller majority has in mind or will embrace, using the text of the Heller decision and the constitutional jurisprudence of the majority.
Abstract: In District of Columbia v. Heller, the Supreme Court squarely confronted the meaning of the Second Amendment and held that it protected an individual right to keep and bear a firearm for lawful purposes, such as self-defense in the home. Simultaneously, however, the Heller Court refused to set a framework for reviewing Second Amendment claims, leaving the issue open for another day. This issue is crucial: since Heller, lower federal courts have been deluged by Second Amendment claims based on the case, yet such courts have very little guidance as to how to review such claims. This Comment argues that courts have more guidance than they may believe. Using the text of Heller and the constitutional jurisprudence of the Heller majority, this Comment predicts the Second Amendment framework that the Heller majority has in mind or will embrace. Specifically, it articulates a two-pronged test: whether the challenged regulation (1) falls within the scope of the right protected by the Second Amendment, and (2) satisfies a deferential form of strict scrutiny.This Comment received the 2010 Morgan Prize for most outstanding student note submitted to the Vanderbilt Law Review.
4 citations
TL;DR: Although the Wyoming Firearms Freedom Act conflicts with existing federal law, the Act is a constitutionally valid exercise of state power as discussed by the authors, which is a manifestation of the doctrines of interposition and nullification espoused by James Madison and Thomas Jefferson in the early history of the United States.
Abstract: Although the Wyoming Firearms Freedom Act conflicts with existing federal law, the Act is a constitutionally valid exercise of state power. The Act is a manifestation of the doctrines of interposition and nullification espoused by James Madison and Thomas Jefferson in the early history of the United States. The Act is also a clear exercise of state sovereignty that comports with the historical development of the Tenth Amendment.
1 citations