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
Date Written: February 1, 2009
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: Suggested Citation