Second Amendment

Originally published in January 2016.

Americans are engaged in a great gun war, one that has raged for at least four decades. The war has intensified to the point where citizens cannot agree on the most basic facts. How many guns do Americans own? Does carrying firearms do more harm than good? Do firearm regulations work?

Although the answers are hotly disputed, most Americans share the goal of reducing our unconscionably high rate of gun violence. In a politically challenging environment, it makes sense to pull together what is known about guns and gun violence and look for policy approaches that could garner broad support. more...

In its landmark 2008 decision in District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment protects an individual right to keep and bear arms. But the Court also explained that, like all other constitutional rights, this “right secured by the Second Amendment is not unlimited.” Courts have subsequently worked to specify which kinds of firearms are protected for which groups of people – and to determine under what circumstances guns can be regulated. As issues are parsed, one has been too little explored: the question of whether some kinds of places, such as cities, can do more than others to regulate guns.

This omission is unnecessary and unfortunate. The Second Amendment can and should incorporate the longstanding and sensible practice of regulating guns differently in rural and urban areas. Firearm localism would help us move forward from the current stalled debate. more...