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Journal Article

State court standards of review for the right to keep and bear arms

01 Jan 2010-Santa Clara law review (School of Law, University of Santa Clara)-Vol. 50, Iss: 4, pp 1113-1220
TL;DR: A survey of state cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues as mentioned in this paper, showing that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring and less restrictive means.
Abstract: Cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues. Although some people have claimed that state courts always use a highly deferential version of "reasonableness," this article shows that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring, and less restrictive means. Courts have also used categoricalism (deciding whether something is inside or outside the right) and narrow construction (to prevent criminal laws from conflicting with the right to arms). Even when formally applying "reasonableness," many courts have used reasonableness as a serious, non-deferential standard of review. District of Columbia v. Heller teaches that supine standards of review, such as deferring to the mere invocation of "police power," are inappropriate in Second Amendment interpretation. This article surveys important state cases from the Early Republic to the present, and explains how they may be applied to the Second Amendment. Available at SSRN: http://ssrn.com/abstract=1542544 Language: en

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Dissertation
11 Nov 2014
TL;DR: The origins of the second amendment in courts and codes as mentioned in this paper, and the dark side of the Second Amendment in the US are discussed in detail in Section 5.2.1.
Abstract: The origins of the amendment. The amendment in courts and codes. Reds vs. Blues on Gun Rights. The dark side of the second amendment.

3 citations