Abstract

http://ssrn.com/abstract=1290584
 
 

Footnotes (554)



 


 



Citizen Gun Rights: Incorporating the Second Amendment Through the Privileges or Immunities Clause


Kenneth A. Klukowski


affiliation not provided to SSRN

October 23, 2009

New Mexico Law Review, Vol. 39, p. 195, November 2009

Abstract:     
After District of Columbia v. Heller, the next question the Supreme Court must address regarding the right to keep and bear arms is whether the Second Amendment is incorporated to the states through the Fourteenth Amendment. The Court should incorporate the Second Amendment through the Privileges or Immunities Clause instead of the Due Process Clause. Current due process jurisprudence would create significant legal and public policy difficulties if the Second Amendment were incorporated through the Due Process Clause. The Court should therefore obviate those problems by incorporating through the Privileges or Immunities Clause. Contrary to common misconceptions, the Second Amendment could be incorporated through Privileges or Immunities without overruling the Slaughter-House Cases, because the right to keep and bear arms is a right inhering to federal citizenship.

Number of Pages in PDF File: 66

Keywords: Second Amendment, incorporation, Fourteenth Amendment, Privileges or Immunities Clause, guns, firearms, civil rights

Accepted Paper Series


Download This Paper

Date posted: November 26, 2008 ; Last revised: October 26, 2009

Suggested Citation

Klukowski, Kenneth A., Citizen Gun Rights: Incorporating the Second Amendment Through the Privileges or Immunities Clause (October 23, 2009). New Mexico Law Review, Vol. 39, p. 195, November 2009. Available at SSRN: http://ssrn.com/abstract=1290584

Contact Information

Kenneth A. Klukowski (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 2,571
Downloads: 375
Download Rank: 43,902
Footnotes:  554

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.219 seconds