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Author: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1107158699
Category : Law
Languages : en
Pages : 217
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Book Description
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author: Nicholas J. Johnson
Publisher: Aspen Publishing
ISBN: 9781543826814
Category : Law
Languages : en
Pages : 0
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger. Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms
Author: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1107158699
Category : Law
Languages : en
Pages : 217
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Book Description
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author: Michael A. Bellesiles
Publisher:
ISBN: 9781565846999
Category : Law
Languages : en
Pages : 358
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Book Description
A guide to the complex debates surrounding the constitutional right to bear arms discusses the significance of the gun lobby in the legislation of firearms and the historical and constitutional arguments for restricting gun ownership.
Author: Ian Ayres
Publisher: Harvard University Press
ISBN: 0674241096
Category : Law
Languages : en
Pages : 257
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Book Description
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearms industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending red flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
Author: Noah Shusterman
Publisher: University of Virginia Press
ISBN: 0813944627
Category : History
Languages : en
Pages : 374
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Book Description
Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.
Author: Jennifer Carlson
Publisher: Princeton University Press
ISBN: 0691212813
Category : Social Science
Languages : en
Pages : 296
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Book Description
An urgent look at the relationship between guns, the police, and race The United States is steeped in guns, gun violence—and gun debates. As arguments rage on, one issue has largely been overlooked—Americans who support gun control turn to the police as enforcers of their preferred policies, but the police themselves disproportionately support gun rights over gun control. Yet who do the police believe should get gun access? When do they pursue aggressive enforcement of gun laws? And what part does race play in all of this? Policing the Second Amendment unravels the complex relationship between the police, gun violence, and race. Rethinking the terms of the gun debate, Jennifer Carlson shows how the politics of guns cannot be understood—or changed—without considering how the racial politics of crime affect police attitudes about guns. Drawing on local and national newspapers, interviews with close to eighty police chiefs, and a rare look at gun licensing processes, Carlson explores the ways police talk about guns, and how firearms are regulated in different parts of the country. Examining how organizations such as the National Rifle Association have influenced police perspectives, she describes a troubling paradox of guns today—while color-blind laws grant civilians unprecedented rights to own, carry, and use guns, people of color face an all-too-visible system of gun criminalization. This racialized framework—undergirding who is “a good guy with a gun” versus “a bad guy with a gun”—informs and justifies how police understand and pursue public safety. Policing the Second Amendment demonstrates that the terrain of gun politics must be reevaluated if there is to be any hope of mitigating further tragedies.
Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Category : History
Languages : en
Pages : 289
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Book Description
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.
Author: Stephen P. Halbrook
Publisher: Rowman & Littlefield
ISBN: 1538129671
Category : History
Languages : en
Pages : 449
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Book Description
Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it.
Author: Hana Bajramovic
Publisher: Henry Holt and Company (BYR)
ISBN: 1250224276
Category : Juvenile Nonfiction
Languages : en
Pages : 159
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Book Description
Discover the truth about the Second Amendment, the NRA, and the United States’ centuries-long fight over guns in this first-of-its-kind book for middle grade readers. "A compelling, clear analysis of one of our country’s oldest dilemmas: how to balance gun rights with public safety. It tells the full and true story of the Second Amendment, and points to a way to bring sanity to our gun laws. A remarkable primer for all ages." —Michael Waldman, author of The Second Amendment: A Biography For the majority of the United States’ history, the right to own a gun belonged to a “well regulated militia.” That changed in 2008 with the historic District of Columbia v. Heller case, which ruled that the Second Amendment protected an individual’s right. In the years since, the debate over gun legislation has reached a crescendo. And the issue grows ever relevant to children across America, with an estimated three million exposed to shootings every year. From metal detectors to see-through backpacks to shooting drills, kids face daily reminders of the threat of guns. Hana Bajramovic's Whose Right Is It? The Second Amendment and the Fight Over Guns reveals how a once obscure amendment became the focus of daily heated debate. Filled with historical photos and informative graphics, the book will show young readers how gun legislation has always been a part of American history and how money, power, and systemic racism have long dictated our ability to own guns. A Junior Library Guild Selection "Hana Bajramovic provides readers with a compelling overview on the history of guns in the United States and the changing, conflicting interpretations of the Second Amendment certain to stimulate conversation and thinking on the part of future generations." —Award-winning author Doreen Rappaport
