To Heller and Back

Journal of Contemporary Criminal Justice, vol. 25, no. 1, pages 106-112 (Feb. 1, 2009)

6 Pages Posted: 18 Nov 2021

See all articles by David B. Kopel

David B. Kopel

Independence Institute; Denver University - Sturm College of Law; Cato Institute

Paul Blackman

affiliation not provided to SSRN

Date Written: February 1, 2009

Abstract

Extensive legal research confirmed a Standard Model of the Second Amendment: the Founders’ intended to recognize and protect a preexisting individual right to own and use firearms for self-defense. Although most gun laws will remain constitutional, despite their irrelevance to crime control, the Supreme Court's 2008 decision in District of Columbia v. Heller invalidated the nation's most restrictive law, which had banned the possession of handguns and had banned the use of any firearm for home protection. It remains to be seen whether the Supreme Court will “incorporate” the Second Amendment in the Fourteenth Amendment so that it limits excessively restrictive state and local laws as well. Criminologically, Heller will probably lead to an increase in gun use against home invasions and a possible decrease of such invasions. Unfortunately, specific data about home invasions are not collected, so the results may be impossible to measure.

Keywords: District of Columbia v. Heller, Second Amendment, standard model

JEL Classification: K14

Suggested Citation

Kopel, David B. and Kopel, David B. and Blackman, Paul, To Heller and Back (February 1, 2009). Journal of Contemporary Criminal Justice, vol. 25, no. 1, pages 106-112 (Feb. 1, 2009), Available at SSRN: https://ssrn.com/abstract=3949757

David B. Kopel (Contact Author)

Independence Institute ( email )

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HOME PAGE: http://www.davekopel.org

Denver University - Sturm College of Law

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HOME PAGE: http://www.davekopel.org

Cato Institute ( email )

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HOME PAGE: http://https://www.cato.org/people/david-kopel

Paul Blackman

affiliation not provided to SSRN

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