NCJ Number
14992
Journal
Chicago-Kent Law Review Volume: 51 Issue: 1 Dated: (SUMMER 1974) Pages: 62-114
Date Published
1974
Length
53 pages
Annotation
EXEGESIS OF THE SECOND AMENDMENT'S 'RIGHT TO BEAR ARMS' AND A SURVEY OF AVAILABLE EMPIRICAL DATA SUPPORTING THE VIEW THAT GUN CONTROL LEGISLATION IS NEITHER CONSTITUTIONAL NOR EFFECTIVE.
Abstract
SHOULD ADDITIONAL FIREARM CONTROLS BE ENACTED AT THE FEDERAL LEVEL, IT SEEMS LIKELY THAT THEY WILL BE CONSIDERED CONSTITUTIONAL. SUCH A VIEW, HOWEVER SUITED TO PRESENT NEEDS, SEEMS TO CONTRAVENE THE INTENT OF THE FRAMERS AND WHAT WOULD APPEAR TO BE THE BETTER INTERPRETATION OF THE WORDS OF THE SECOND AMENDMENT. THE APPROACH INTENDED BY THE FRAMERS APPEARS TO BE ORIENTED TOWARD DENYING THE NATIONAL GOVERNMENT ALL POWER TO LIMIT THE OWNERSHIP OF ARMS BY THE CITIZENRY, THE MOTIVE FOR THIS LIMITATION BEING BOTH TO ENABLE THE STATES TO DRAW FROM THE POOL OF ARMED CITIZENS AND ALSO TO ENABLE THE CITIZENS TO BETTER DETER POSSIBLE GOVERNMENT OPPRESSION. BOTH THE FRAMER'S APPARENT INTENT AND THESE MOTIVES ARE INCONSISTENT WITH THE EXISTENCE OF ANY NATIONAL POWER TO DISARM INDIVIDUAL CITIZENS, WHETHER OR NOT THEY HAVE BECOME MEMBERS OF AN ORGANIZED MILITARY UNIT. THE ACCEPTED INTERPRETATIONS OF THE SECOND AMENDMENT THUS TURN UPON DISTINCTIONS NOT INTENDED BY THE FRAMERS AND CREATE A GRANT OF POWER WHICH THE FRAMERS SOUGHT SPECIFICALLY TO NEGATE. THE IMPOSITION OF NATIONWIDE FIREARM CONTROLS WOULD NOT HAVE A SIGNIFICANT IMPACT UPON HOMICIDE RATES. THE EXPERIENCE OF EXISTING CONTROLS, WHETHER ASSESSED BY SIMPLE COMPARISONS OR BY ELABORATE STATISTICAL TOOLS, DOES NOT INDICATE THAT EXISTING CONTROLS HAVE HAD A MEASURABLE INFLUENCE UPON HOMICIDE RATES. ADDITIONAL CONTROLS WOULD FACE SERIOUS IMPEDIMENTS DUE TO THE DIFFICULTY OF PREDICTING FUTURE KILLERS, ILLEGAL FIREARM MARKETS, IMPROVISED FIREARMS AND SUBSTITUTE WEAPONS. THESE IMPEDIMENTS, COMPLICATED BY THE MASS OF FIREARMS INVOLVED, FORM SIGNIFICANT BARRIERS TO THE EFFECTIVENESS OF ANY SYSTEM OF FIREARM CONTROLS. (AUTHOR ABSTRACT)