Abstract

IN SEARCH OF THE LOST AMENDMENT: CHALLENGING FEDERAL FIREARMS REGULATION THROUGH THE STATE'S RIGHT INTERPRETATION OF THE SECOND AMENDMENT

GREGORY LEE SHELTON

1995 Florida State University Law Review

This Comment first surveys the modern Second Amendment landscape, emphasizing the all-important debate over whether the Second Amendment affords rights to individuals or states. This Comment then examines the misinterpretation of the Second Amendment by the lower federal judiciary. This part includes extensive discussion of several key state's right decisions and forms the foundation for the premise of this Comment.

This Comment embraces the individual rights interpretation of the Second Amendment which holds that the Second Amendment grants to the citizen the right to keep and bear arms, a right that now flounders between the Scylla of state police and militia powers and the Charybdis of federal regulation. This Comment argues, however, that federal firearms regulation is unconstitutional whether Second Amendment rights are interpreted as belonging to the individual or to the states. The heart of this Comment, thus, proposes and explores constitutional challenges to federal firearms regulation.


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