NCJ Number
136413
Journal
St. John's Law Review Volume: 66 Issue: 1 Dated: (Winter 1992) Pages: 179-206
Date Published
1992
Length
28 pages
Annotation
This discussion considers the constitutional right to keep and bear arms, including some historical background, and the controversy surrounding assault weapon legislation.
Abstract
This note analyzes the two principal interpretations of the second amendment, discusses its application, reviews judicial interpretations of the second amendment, and suggests that both gun control advocates and individual rights proponents have promoted theories that conflict with their traditional interpretations of the constitution. A review of both recent assault weapon legislation as well as the legal challenges to and the practical considerations of this type of gun control follows the analysis. The note concludes that the regulation of gun ownership has merit, but, if done on the Federal level, severe penalties and restrictions need to be geared towards those who misuse firearms rather than those who simply possess them. Further, as courts continue to view the second amendment as merely guaranteeing a State's right to maintain a well-regulated militia, the extent of the right to keep and bear arms remains uncertain at this time. 139 references