Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Regulating 3D-Printed Guns PostHeller: Why Two Steps Are Better Than One.

Thaddeus Talbot1, Adam Skaggs1

  • 1Thaddeus Talbot is a second-year student at Yale Law School, expected Class of 2022. He received his B.S. in Industrial and Labor Relations in 2015 from Cornell University. Adam Skaggs, J.D., is Chief Counsel + Policy Director at Giffords Law Center. He was previously senior counsel at Everytown for Gun Safety, and at the Brennan Center for Justice.

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
|January 6, 2021
PubMed
Summary
This summary is machine-generated.

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same author

Second Amendment Sanctuaries: A Legally Dubious Protest Movement.

The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethicsยท2021
See all related articles

Modern firearm regulations require more than historical tests due to new technologies like ghost guns. A balanced approach examining purpose and methods is crucial for Second Amendment jurisprudence.

Area of Science:

  • Constitutional Law
  • Firearm Technology
  • Legal Studies

Background:

  • Current legal frameworks for firearm regulations often rely on historical interpretations.
  • The Second Amendment to the U.S. Constitution is subject to ongoing legal debate regarding its application to modern contexts.
  • Judicial review of firearm laws typically involves assessing historical tradition and modern justifications.

Observation:

  • Rapid advancements in firearm technology, such as the proliferation of 'ghost guns' (unserialized, privately manufactured firearms), present significant challenges to purely historical legal tests.
  • Analogical reasoning based on historical gun laws proves insufficient when confronting novel technologies that lack direct historical precedent.
  • A segment of conservative legal scholars and judges advocate for a stricter adherence to historical tests, potentially overlooking technological realities.

Related Experiment Videos

Findings:

  • A constitutional test relying solely on history and tradition is inadequate for evaluating modern firearm regulations, particularly those involving advanced technologies.
  • The prevailing two-step judicial approach, which balances historical analysis with an examination of the regulation's purpose and methods, offers a more viable framework.
  • The emergence of ghost guns exemplifies the limitations of historical-only tests and highlights the need for adaptable legal standards.

Implications:

  • Applying a purely historical test to modern firearm regulations risks creating legal inconsistencies and failing to address contemporary public safety concerns.
  • The nationwide adoption of the prevailing two-step approach is recommended to ensure consistent and effective Second Amendment jurisprudence.
  • Guidance for judicial rulemaking in Second Amendment cases is necessary to navigate the complexities introduced by emerging firearm technologies.