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To Heller and Back: Why Many Second Amendment Questions Remain Unanswered After United States v. Hayes

Miguel E. Larios
The John Marshall Law School



The Federal Lawyer, Vol. 56, No. 8, p. 58, September 2009

Abstract:     
In District of Columbia v. Heller, the U.S. Supreme Court held that the Second Amendment protects an individual right to possess firearms. More recently, in United States v. Hayes, the Supreme Court upheld a federal statute which criminalizes the possession of firearms by persons previously convicted of misdemeanor domestic violence offenses. This essay argues that the Hayes decision cannot be squared with the individual right to keep and bear arms enunciated in Heller.

Keywords: District of Columbia v. Heller, United States v. Hayes, Supreme Court, Second Amendment, Incorporation, Gun Control, Firearms, Right to Keep and Bear Arms

JEL Classifications: I28, K14

Accepted Paper Series

Date posted: March 06, 2009 ; Last revised: September 23, 2009

Suggested Citation

Larios, Miguel E., To Heller and Back: Why Many Second Amendment Questions Remain Unanswered After United States v. Hayes (September 18, 2009). The Federal Lawyer, Vol. 56, No. 8, p. 58, September 2009. Available at SSRN: http://ssrn.com/abstract=1354362


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Contact Information

Miguel E. Larios (Contact Author)
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
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