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

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

6 Pages Posted: 6 Mar 2009 Last revised: 23 Sep 2009

Date Written: September 18, 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 Classification: I28, K14

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: https://ssrn.com/abstract=1354362

Miguel E. Larios (Contact Author)

Law Office of Stephen F. Potts ( email )

2720 S. River Road, Suite 140
Des Plaines, IL 60018
United States

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