Abstract

http://ssrn.com/abstract=1327473
 
 

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The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error


David B. Kopel


Independence Institute; Denver University - Sturm College of Law

April 17, 2009

Denver University Law Review, Vol. 86, No. 3, 2009

Abstract:     
This article provides a detailed analysis of all Second Amendment cases which have been decided by the Tenth Circuit Court of Appeals. The article examines the Circuit's superficial reasoning in its claims that the Second Amendment protects only militiamen, and the Circuit's refusal even to address important sources of authority which took a different view. Most of the Circuit's cases involving the Second Amendment are no longer good law, but in the post-Heller future, the Circuit can get to similiar results in most cases, since the cases involved bans on weapons that are not protected by the Second Amendment (e.g., machine guns) or bans on arms possession by particularly dangerous people (e.g., convicted violent felons). The article will be the lead article in the DU Law Review's annual Tenth Circuit Survey.

Number of Pages in PDF File: 59

Keywords: Tenth Circuit Court of Appeals, District of Columbia v. Heller, Second Amendment, gun control

JEL Classification: K14, K19, K41, K42

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Date posted: January 15, 2009 ; Last revised: April 21, 2009

Suggested Citation

Kopel, David B., The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error (April 17, 2009). Denver University Law Review, Vol. 86, No. 3, 2009. Available at SSRN: http://ssrn.com/abstract=1327473

Contact Information

David B. Kopel (Contact Author)
Independence Institute ( email )
727 East 16th Ave
Denver, CO 80203
United States
303-279-6536 (Phone)
303-279-4176 (Fax)
HOME PAGE: http://www.davekopel.org
Denver University - Sturm College of Law
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.davekopel.org
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