Article

Heller's Myopia: Rereading the Second Amendment in Context

Author
  • Elon Granston

Abstract

One of the most contentious issues in recent Supreme Courtjurisprudence is the scope of an individual’s right to bear arms. The Courtruled in District of Columbia v. Heller that individual gun ownership forself-defense is a fundamental right protected by the Second Amendment. InHeller, the Court defined the scope of this right by focusing on the Second Amendmentin isolation. However, a more appropriate reading of the Second Amendmentrequires consideration of how the right to gun ownership is impacted by other constitutionalguarantees, including the right to life found in the Due Process Clauses of theFifth and Fourteenth Amendments, the protections offered to citizens by the Privilegesor Immunities Clause, and the rights reserved to the states under the TenthAmendment.

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Published on
20 Jun 2023