Guns and Gay Sex: Some Notes on Firearms, the Second Amendment, and 'Reasonable Regulation'

12 Pages Posted: 20 Nov 2007  

Glenn Harlan Reynolds

University of Tennessee College of Law

Abstract

In light of the Supreme Court's grant of certiorari in Heller v. District of Columbia, this Essay contains some thoughts inspired by Adam Winkler's "Scrutinizing the Second Amendment," 105 Mich. L. Rev. 683 (2007). Winkler argues, correctly, that judicial acceptance of an individual-rights interpretation of the Second Amendment would not end all firearms regulation. However, Winkler's understanding of what constitutes "reasonable regulation" is excessively broad. In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right to arms would pose significant barriers to overly intrusive firearms laws.

Keywords: guns, firearms, second amendment, right to bear arms, aymette, winkler, tennessee, reynolds, keep and bear arms

Suggested Citation

Reynolds, Glenn Harlan, Guns and Gay Sex: Some Notes on Firearms, the Second Amendment, and 'Reasonable Regulation'. Tennessee Law Review, Vol. 75, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=1030769

Glenn Harlan Reynolds (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)

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