The Unconstitutionality of Unfinished Receiver Bans

Abstract

Several states have enacted legislation limiting the ability of citizens to obtain, own, or use unfinished firearm receivers and other firearm precursor parts. However, the use of firearm precursor parts has been prevalent since the founding, and so may have been anticipated during the drafting of the Second Amendment. Using the two-step Second Amendment framework adopted by the Circuit Courts, interpreted in light of Supreme Court precedent, this paper analyzes the extent to which the Second Amendment protects the right to utilize unfinished receivers and other firearm precursor parts.

Keywords: law, Second Amendment, constitutional law, firearms, technology, law and technology

JEL Classification: K19