The Constitutionality of Firearms Bans for Domestic Violence Abusers
We the People
Mismatch in Reasoning for Second Amendment Scope and Government Regulations
The chapter discusses the mismatch between the reasoning used to determine the scope of the Second Amendment and the reasoning used to determine the constitutionality of government regulations. It highlights the challenge of selecting an appropriate level of generality when analyzing historical analogs for modern regulations, pointing out the asymmetry in how the right and regulations are defined. The chapter also examines the difficulties faced by lower courts in interpreting the Second Amendment and calls for a balanced approach to protect the rights while ensuring safety.
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