Document Type
Article
Publication Date
3-11-2008
Abstract
Although the Second Amendment of the US Constitution has guaranteed the right to keep and bear arms for more than 200 years the US Supreme Court has never formally declared to whom the right belongs Each side of the gun debate one holding that the Amendment guarantees a right to individuals the other that states possess the right supports its position with ostensibly solid precedential historical and textual arguments This Note approaches the issue from the opposite direction asking how many precedential historical and textual obstacles each side must explain away and examining the relative strength of those explanations Under this analysis the individual right prevails
Recommended Citation
Mocsary, George A., "Explaining Away the Obvious: The Infeasibility of Characterizing the Second Amendment as a Nonindividual Right" (2008). Faculty Articles. 15.
https://scholarship.law.uwyo.edu/faculty_articles/15
First Page
2113