Topic
Gun control
About: Gun control is a research topic. Over the lifetime, 1211 publications have been published within this topic receiving 16516 citations. The topic is also known as: firearms control & gun law.
Papers published on a yearly basis
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TL;DR: After a school shooting disrupts his family's life, a physician calls for action on gun control and gun violence.
Abstract: After a school shooting disrupts his family’s life, a physician calls for action on gun control and gun violence.
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TL;DR: In this article, a theory of limited viability for Second Amendment Sanctuaries is presented, with each part presenting a novel approach to local-state governmental conflict that contributes to the existing literature.
Abstract: The term “sanctuary” has long expressed a sympathy for immigrants’ rights and resistance to federal immigration enforcement. Recently, the word has become associated with another divisive political topic, as local governments have begun declaring themselves “Second Amendment Sanctuaries” in defiance of statewide gun control measures they deem unconstitutional. This gun rights resistance movement not only flips the political script on the nature of sanctuaries but presents important and challenging questions about local-state power sharing, the proper scope of “subfederal commandeering,” and the role of coordinate branches in constitutional decision making.
This Article provides the first scholarly treatment of Second Amendment Sanctuaries. In doing so, it explores both the unique facets of this new localism and the broader implications for sanctuary movements generally. Most early commentary on Second Amendment Sanctuaries dismisses them as purely symbolic and presumptively invalid pursuant to state preemption principles and the judicial supremacy model of constitutional interpretation. This Article challenges that narrative and articulates a theory of limited viability for these and other local intrastate resistance movements.
The theory proceeds in three parts, with each part presenting a novel approach to local-state governmental conflict that contributes to the existing literature. First, localities can resist broad state preemption in limited circumstances via the state’s “home rule” provisions when local regulation of a particular issue is rooted in history and has normative policy appeal. Second, localities may passively resist statewide regulation through a form of “subfederal anticommandeering” analogous to the Tenth Amendment’s anticommandeering principles protecting states from federal overreach, so long as the locality takes no affirmative steps to frustrate state enforcement. Third, local enforcement officers may defend their resistance on substantive constitutional grounds when the right at issue is not settled firmly by the judiciary. This “first impression departmentalism” reflects the proper role all coordinate branches of government have in defining the contours of constitutional provisions when emerging doctrine remains in a state of flux. These principles counsel in favor of the viability of at least some Second Amendment Sanctuaries as currently constructed, as well as sanctuaries resisting firearm deregulation and other statewide policy initiatives.
1 citations
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TL;DR: Handgun ban advocates systematically avoid the key criminological issue of enforceability which leads to the conclusion that the goal is not to change human behavior but to legally enshrine one morality over another as discussed by the authors.
Abstract: Anti-gun organizations and spokesman position themselves rhetorically so as inevitability to cement millions of gun owners into opposition to any sort of gun control with claims that common citizens who want a handgun to protect home and family are sexually aberrant, paranoid, trigger-happy rednecks whom it is imperative to disarm. Handgun ban advocates also support denying permits to those who most require handguns for safety, such as inner-city small business owners or elderly welfare recipients trapped in deteriorating welfare neighborhood even though research shows that handgun-armed citizens actually thwart about as many crimes annually as handgun-armed criminals succeed in committing. Yet, such advocates systematically avoid the key criminological issue of enforceability which leads to the conclusion that the goal is not to change human behavior but to legally enshrine one morality over another.
1 citations