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Implementing the right to keep and bear arms for self-defense: and analytical framework and a research agenda.(Symposium: The Second Amendment and the Right to Bear Arms After D.C. v. Heller)

Volokh, Eugene

UCLA Law Review, June, 2009, Vol.56(5), p.1443-1549 [Periódico revisado por pares]

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  • Título:
    Implementing the right to keep and bear arms for self-defense: and analytical framework and a research agenda.(Symposium: The Second Amendment and the Right to Bear Arms After D.C. v. Heller)
  • Autor: Volokh, Eugene
  • Assuntos: Gun Control -- Laws, Regulations And Rules ; Right To Bear Arms -- Laws, Regulations And Rules ; Self Defense (Law) -- Laws, Regulations And Rules ; Strict Scrutiny Doctrine -- Laws, Regulations And Rules
  • É parte de: UCLA Law Review, June, 2009, Vol.56(5), p.1443-1549
  • Descrição: Courts should separately consider four different categories of justifications for restricting constitutional rights to keep and bear arms: 1. scope justifications, which derive from constitutional text, original meaning, tradition, or background principles, 2. burden justifications, which rest on the claim that a particular law doesn't impose a substantial burden on the right, and thus doesn't unconstitutionally infringe it, 3. danger reduction justifications, which rest on the claim that some particular exercise of the right is so unusually dangerous that it might justify restricting the right, and 4. government as proprietor justifications, which rest on the government's special role as property owner, employer, or subsidizer. The author suggests where the constitutional thresholds for determining the adequacy of these justifications might be set, and he uses this framework to analyze a wide range of restrictions: "what" restrictions, "who" restrictions, "where" restrictions, "how" restrictions, "when" restrictions, "who knows" regulations, and taxes and other expenses.
  • Idioma: English

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