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NCJRS Abstract

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NCJ Number: 136413 Find in a Library
Title: Uncertain Right: The Second Amendment and the Assault Weapon Legislation Controversy
Journal: St. John's Law Review  Volume:66  Issue:1  Dated:(Winter 1992)  Pages:179-206
Author(s): R A O'Hare Jr; J Pedreira
Date Published: 1992
Page Count: 28
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Citizen gun ownership; Gun control legislation
Index Term(s): Law reform; Political influences; Right of privacy; US Supreme Court decisions
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