Putting the gun control debate in social perspective

Author: Chemerinsky E
Publication: Fordham Law Review
Topics: Legislation and Policy Ownership Public Opinion U.S./National
Keywords: Constitution Firearms Second Amendment rights
Bibliographic information +

The author reviews and contrasts some of the common, and competing, arguments put forth by liberal and conservative regarding the Second Amendment. Generally, liberal individuals will defend the individual rights approach, whereas the more conservative persons will support the collective rights approach. The author concludes that the choice between the two theories is not about constitutional theory or evidence, but a political and value choice. This choice needs to be understood in a cultural context, but focusing on culture and politics should not obscure the legal issues surrounding gun control that courts will likely face.