Exit, Pursued by a "Bear"? New York City's Handgun Laws in the Wake of Heller and McDonald

In its landmark 2008 decision in District of Columbia v. Heller, the Supreme Court held for the first time that the Second Amendment protects an individual's right to keep and bear arms in the home for the purpose of self-defense. Then, in 2010, the Court held that this right is fully incorpora...

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Veröffentlicht in:Columbia journal of law and social problems 2012-12, Vol.46 (2), p.145
1. Verfasser: Bridge, Matthew
Format: Artikel
Sprache:eng
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Zusammenfassung:In its landmark 2008 decision in District of Columbia v. Heller, the Supreme Court held for the first time that the Second Amendment protects an individual's right to keep and bear arms in the home for the purpose of self-defense. Then, in 2010, the Court held that this right is fully incorporated against state and local governments in McDonald v. Chicago. Both decisions declared that outright bans on handgun possession in the home were unconstitutional. However, the Court's holdings have left many questions unanswered regarding which state and local gun regulations are constitutional under the new framework. This Note discusses the current handgun laws of New York City and New York State and seeks to determine which regulations will pass constitutional muster, and which may be invalidated. [PUBLICATION ABSTRACT]
ISSN:0010-1923