Federalism and the Implementation of the Right to Arms

24 Pages Posted: 27 Oct 2011

See all articles by Michael P. O'Shea

Michael P. O'Shea

Oklahoma City University School of Law

Date Written: January 16, 2009

Abstract

In the Second Amendment debate, the slogan of federalism has usually been associated with opposition to a meaningful right to arms. However, in this contribution to the Syracuse Law Review's symposium issue on the District of Columbia v. Heller decision, I give federalism its due by presenting the best arguments for implementing the individual Second Amendment right, after Heller, in a way that is informed by federalism values.

Keywords: District of Columbia v. Heller, Second Amendment, Strict Scrutiny, Incorporation, Dilution, Federalism, Guns, Culture, Assault Weapons Bans, Concealed Carry, Lautenberg Amendment

Suggested Citation

O'Shea, Michael P., Federalism and the Implementation of the Right to Arms (January 16, 2009). Syracuse Law Review, Vol. 59, No. 2, 2008. Available at SSRN: https://ssrn.com/abstract=1329145

Michael P. O'Shea (Contact Author)

Oklahoma City University School of Law ( email )

2501 N. Blackwelder
Oklahoma City, OK 73106
United States
(405) 208-5215 (Phone)

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