NCJ Number
158725
Journal
Seton Hall Law Review Volume: 25 Issue: 4 Dated: (1995) Pages: 1467-1495
Date Published
1995
Length
19 pages
Annotation
This article examines the role of the judiciary in deciding cases that involve gun control issues.
Abstract
The first section discusses the position that the judiciary has taken in the past with regard to analyzing and interpreting the Second Amendment and applying it to challenges to gun control legislation. The article also examines the overall position taken by the judiciary vis-a-vis Commerce Clause challenges to gun control legislation and discusses the need to balance Commerce Clause powers with individual civil liberties when considering gun legislation passed under the Clause. Finally, the author explores the propriety of the judiciary's extension of products liability principles to gun manufacturers as a means of achieving gun control. 113 notes