Anti-Evasion Doctrines and the Second Amendment

20 Pages Posted: 13 Aug 2014

See all articles by Brannon P. Denning

Brannon P. Denning

Samford University - Cumberland School of Law

Date Written: August 11, 2014

Abstract

This article, written for a symposium on the Second Amendment, examines recent lower court decisions for evidence that courts are -- or are not -- creating and applying "anti-evasion doctrines" (AEDs) in Second Amendment cases. Such doctrines prevent form-over-substance evasion of constitutional principles on the part of government actors. Early evidence suggests that courts are willing to employ AEDs to frustrate legislative efforts to nullify the core of the right to keep and bear arms for self-defense in the home recognized in Heller and McDonald.

Keywords: anti-evasion doctrines, political safeguards, Second Amendment, right to keep and bear arms

JEL Classification: K1, K19

Suggested Citation

Denning, Brannon P., Anti-Evasion Doctrines and the Second Amendment (August 11, 2014). Tennessee Law Review, Vol. 81, No. 3, 2014. Available at SSRN: https://ssrn.com/abstract=2478705

Brannon P. Denning (Contact Author)

Samford University - Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States
205-726-2413 (Phone)
205-726-4060 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
561
Abstract Views
6,928
rank
48,286
PlumX Metrics