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Journal ArticleDOI

True Threats, Self-Defense, and the Second Amendment.

Joseph Blocher, +1 more
- 01 Dec 2020 - 
- Vol. 48, pp 112-118
TLDR
In this paper, the Second Amendment does not protect those who threaten others by negligently or recklessly wielding firearms, and what line separates constitutionally legitimate gun displays from threatening activities is defined.
Abstract
Does the Second Amendment protect those who threaten others by negligently or recklessly wielding firearms? What line separates constitutionally legitimate gun displays from threatening activities ...

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Citations
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Journal ArticleDOI

Why Regulate Guns

TL;DR: This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v Heller.
Journal ArticleDOI

Second Amendment Sanctuaries: A Legally Dubious Protest Movement.

TL;DR: The origins and spread of the Second Amendment Sanctuary movement are assessed in this paper, where localities pass ordinances or resolutions that declare their jurisdiction's view that proposed or enacted state (or federal) gun safety laws are unconstitutional and therefore, local officials will not implement or enforce them.
References
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Journal ArticleDOI

Survey Research and Self-Defense Gun Use: An Explanation of Extreme Overestimates

TL;DR: The authors published an article by Professors Gary Kleck and Marc Gertz, Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun, 86 J. CRIM. & CRIMINOLOGY 150 (1995).
Journal ArticleDOI

Gun use in the United States: results from two national surveys

TL;DR: Guns are used to threaten and intimidate far more often than they are used in self defense, and most self reported self defense gun uses may well be illegal and against the interests of society.
Journal ArticleDOI

The American Model Penal Code: A Brief Overview

TL;DR: The Model Penal Code (MPC) as discussed by the authors is an American criminal code that was first proposed in the early 1970s and has been used extensively in the criminal code development process.
Journal Article

Freedom of Speech and True Threats

TL;DR: In this article, the authors present a test for determining when a statement is a "true threat" not deserving of First Amendment protection, based on a broad spectrum of scenarios, which is a test that too often scholars and courts rely on gut judgments rather than on a clear and predictable test.