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POLICING IN THE AGE OF THE GUN.

Brandon Del Pozo1, Barry Friedman2

  • 1Assistant Professor of Medicine (Research), and Health Services, Policy and Practice (Research), Brown University.

New York University Law Review (1950)
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PubMed
Summary

Firearm legalization is reshaping policing and constitutional law. Increased gun possession creates uncertainty for officers, potentially leading to disproportionate impacts on minority communities.

Area of Science:

  • Constitutional Law
  • Criminology
  • Public Policy

Background:

  • Historically, lawful gun carry was rare, influencing policing and legal doctrines linking guns to danger and crime.
  • Recent Second Amendment rulings and state-level deregulation are rapidly changing firearm accessibility.
  • This shift challenges the established relationship between gun possession and law enforcement practices.

Purpose of the Study:

  • To examine the impact of widespread firearm deregulation on policing and constitutional law.
  • To analyze how evolving gun laws affect police authority, practices, and safety.
  • To explore the potential consequences of these changes, particularly for marginalized communities.

Main Methods:

  • Analysis of legal doctrines governing policing before and after firearm legalization.

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  • Examination of Supreme Court decisions, such as New York State Rifle & Pistol Association v. Bruen.
  • Review of how state laws are accommodating increased gun ownership and carry.

    • Main Results:

    • The legal landscape for policing is rapidly evolving due to firearm legalization.
    • Police officers face increased uncertainty regarding their authority and safety in public spaces.
    • Existing legal frameworks are struggling to adapt to the prevalence of legally carried firearms.

    Conclusions:

    • The intersection of gun legalization and policing presents significant challenges to constitutional law.
    • Shifting gun laws may lead to the creation of exceptions for police authority, potentially impacting Black and Brown communities disproportionately.
    • There is a critical need to re-evaluate policing strategies and legal precedents in light of widespread firearm access.