Open AccessPosted Content
The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control
TLDR
Second Amendment jurisprudence was revolutionized by the Supreme Court's 2008 decision in District of Columbia v. Heller as discussed by the authors, which recognized for the first time an individual right to keep and bear arms, and invalidated an ordinance that prohibited the possession of handguns, at least as applied to individuals who wished to keep them at home for purposes of lawful self-defense.Abstract:
Second Amendment jurisprudence was revolutionized by the Supreme Court's 2008 decision in District of Columbia v. Heller. Relying on what it characterized as the "original meaning" of the Second Amendment, the Court recognized for the first time an individual right to keep and bear arms, and invalidated an ordinance that prohibited the possession of handguns, at least as applied to individuals who wished to keep them at home for purposes of lawful self-defense.This article takes Heller’s conclusions about the original meaning of the Second Amendment as given, and assesses whether they have produced – or even are capable of producing – an authentically originalist Second Amendment jurisprudence. It assesses as well the implications of Heller for gun control. Some six years after the Court announced a new era in Second Amendment jurisprudence in Heller, the outlines of a new Second Amendment jurisprudence – one that contemplates surprisingly robust regulatory authority and in which originalism plays a surprisingly limited role – are starting to come clear. The discussion that follows seeks to explicate and defend this emerging jurisprudence in terms of the relationship between the Second Amendment's preamble and its operative clause. It explores as well the constitutional case for a quite robust regime of gun control.read more
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Perceptions of People's Experiences Regarding Gun Violence
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.
Posted Content
Making Second Amendment Law with First Amendment Rules: The Five-Tier Free Speech Framework and Public Forum Doctrine in Second Amendment Jurisprudence
TL;DR: The five-tiered framework of standards of review that governs the First Amendment should also govern the Second Amendment, which has served the Nation and the law quite well for many years as discussed by the authors.
References
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Perceptions of People's Experiences Regarding Gun Violence
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.
Journal ArticleDOI
Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia
TL;DR: The authors evaluate the case made by Uviller and Merkel in their book, The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, and also evaluate their denial that the original meaning of Fourteenth Amendment protected an individual right to arms unconditioned on militia service.
Posted Content
Making Second Amendment Law with First Amendment Rules: The Five-Tier Free Speech Framework and Public Forum Doctrine in Second Amendment Jurisprudence
TL;DR: The five-tiered framework of standards of review that governs the First Amendment should also govern the Second Amendment, which has served the Nation and the law quite well for many years as discussed by the authors.