Journal Article•
What Is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment
01 Jan 2016-University of Chicago Law Review (University of Chicago Press)-Vol. 83, Iss: 1, pp 295-355
TL;DR: In this paper, the Second Amendment applies to civil suits for trespass, negligence, and nuisance, but does not cover gun-neutral laws of general applicability like assault and disturbing the peace.
Abstract: Particularly in places with few recognizable gun control laws, 'gun neutral" civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of addressing these practical questions and the broader conceptual challenges that they represent, this Article fashions analytic tools that may be useful to a wide range of constitutional problems. Language: en
Citations
More filters
TL;DR: In this article, both partial and probabilistic bidding schemes were proposed to foster voluntary subpopulation participation in a range of public good applications (including sexual assault reporting and civil disobedience), and results from a series of randomized surveys of Internet respondents assessing the potential support for such subgroup “social contracting.
Abstract: Would you volunteer to pay a carbon tax if 99% of other Americans also volunteered to pay such a tax? Instead of traditional referenda, it is possible to structure plebiscites which would only bind a subset of the population (e.g., to be subject to a carbon tax) if that subset’s individually chosen conditions for participation are met. While provision-point mechanisms with exogenously set provision points have garnered billions of dollars in private contributions, a broader class of “social contracting” mechanisms exist that allow individuals to bid on their preferred provision points. This article shows how both partial and probabilistic bidding schemes might foster voluntary subpopulation participation in a range of public good applications (including sexual assault reporting and civil disobedience), and reports results from a series of randomized surveys of Internet respondents assessing the potential support for such subgroup “social contracting.” The respondent bids would, for example, support an equilibrium in which approximately 25% of the public would voluntarily commit to pay an additional 10% tax on electricity.
5 citations
5 citations
03 Jul 2021
TL;DR: In this article, the legal discourse surrounding two armed anti-government confrontations, at Bunkerville, Nevada, in 2014 and the Malheur National Wildlife Refuge in Oregon in 2016, is analyzed.
Abstract: This article analyzes the legal discourse surrounding two armed anti-government confrontations – at Bunkerville, Nevada, in 2014, and the Malheur National Wildlife Refuge in Oregon in 2016 – to und...
2 citations
TL;DR: In this paper, the authors examine emergency restrictions imposed by state-level public officials on firearms during the COVID-19 pandemic and explore the possibility that the unsettled nature of Second Amendment jurisprudence makes it likely that challenges to emergency firearms restrictions could result in dramatic developments in what the Second Amendment protects.
Abstract: This article examines emergency restrictions imposed by state-level public officials on firearms during the COVID-19 pandemic. It surveys the litigation challenging each of the relatively few restrictions that were imposed, considers when and whether courts should apply the deferential Jacobson standard, the Heller Second Amendment analysis, or both, and explores the possibility that the unsettled nature of Second Amendment jurisprudence makes it likely that challenges to emergency firearms restrictions could result in dramatic developments in what the Second Amendment protects.
1 citations