Lethality, Public Carry, and Adequate Alternatives

24 Pages Posted: 30 Apr 2016

See all articles by Joseph Blocher

Joseph Blocher

Duke University School of Law

Darrell A. H. Miller

Duke University School of Law

Date Written: April 2016

Abstract

This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?

Keywords: guns, Second Amendment, First Amendment, smartguns, firearms, constitution, constitutional law, Bill of Rights, adequate alternatives, nonlethal, weapons

Suggested Citation

Blocher, Joseph and Miller, Darrell A. H., Lethality, Public Carry, and Adequate Alternatives (April 2016). 53 Harvard Journal on Legislation 279; Duke Law School Public Law & Legal Theory Series No. 2016-26. Available at SSRN: https://ssrn.com/abstract=2772596

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Darrell A. H. Miller

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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