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

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