Gun Control And Gun Rights
View the Table of Contents.\ Read the Introduction.\ The second amendment is the most hotly debated and controversial right in the Constitution. In light of the recent surge of school shootings and other gun-related crimes, gun policy has become one of our leading national concerns, affecting politicians, gun manufacturers, sport shooters, and ordinary citizens alike.\ Showcasing viewpoints from all sides of the gun control debate, Gun Control and Gun Rights, presents the first balanced gun...
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The second amendment is the most hotly debated and controversial right in the Constitution. In light of the recent surge of school shootings and other gun-related crimes, gun policy has become one of our leading national concerns, affecting politicians, gun manufacturers, sport shooters, and ordinary citizens alike.Showcasing viewpoints from all sides of the gun control debate, Gun Control and Gun Rights, presents the first balanced gun policy textbook for use by undergraduates, graduate students, law students and the general public.This comprehensive anthology includes selections from legal cases, hunting stories, public policy briefs and journalistic accounts. Anyone looking for a fair, even-handed account of the gun issue will find it in this book.
PrefaceAcknowledgmentsCh. 1The Benefits of Gun Ownership1AThe Benefits of Guns for Personal Self-Defense3Basic Self-Defense Principles3The Effectiveness of Guns for Self-Defense6Point Blank: Guns and Violence in America6How Many Defensive Gun Uses (DGUs)?12Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun13The Gun Debate's New Mythical Number: How Many Defensive Uses Per Year?26BGun Ownership and Carrying as a Deterrent to Crime33Armed and Considered Dangerous: A Survey of Felons and Their Firearms34Gun Carrying37More Guns, Less Crime: Understanding Crime and Gun Control Laws38"Lotts" More Guns and Other Fallacies Infecting the Gun Control Debate48CRecreational Use53Ch. 2The Costs of Firearms60AHomicides and Other Intentional Shootings61Firearms and Violence: Interpreting the Connection63BSuicide78The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More "Smoking Gun"82CAccidental Shootings91Targeting Guns: Firearms and Their Control91DThe Financial Costs of Firearms Crime103EFear106Fear of Crime in the United States: Avenues for Research and Policy106Ch. 3Philosophical Roots of the Right to Arms and of Opposition to That Right113ASelf-Defense as a Natural Right113In Defence of Titus Annius Milo114The Rights of War and Peace115Leviathan116Second Treatise on Government116On Crime and Punishment119BArms Bearing as an Incident of Citizenship122The Politics122The Art of War123Letter to Samuel Kercheval (July 12, 1816)125Advice to the Privileged Orders126CThe Propensity of Absolute Rulers to Disarm Their Subjects130The Politics130The Republic131The Laws132The Art of War132The Six Bookes of a Commonweale133The American Crisis134DThe Citizen Militia as Dual Safeguard against Tyranny and Foreign Invasion137Discourses on Livy137A Discourse of Government with Relation to Militias139The Federalist No. 46141EDoubts about the Efficacy of Militias147An Inquiry into the Nature and Causes of the Wealth of Nations147The Federalist No. 29151Ch. 4The Right to Arms in the Second Amendment and State Constitutions: Cases and Commentary155AThe Second Amendment in the Supreme Court156Presser v. Illinois, 116 U.S. 252 (1886)158United States v. Miller, 307 U.S. 174 (1939)163BThe Second Amendment in Lower Federal Courts177Hickman v. Block, 81 F. 3d 98 (1996)177United States v. Emerson, 46 F. Supp. 2d 598 (N.D. Tex. 1999)181CScholarly Commentary on the Second Amendment189A Critical Guide to the Second Amendment190Commonplace or Anachronism: the Standard Model, the Second Amendment, and the Problem of History in Contemporary Constitutional Theory204DThe Right to Keep and Bear Arms under State Constitutions212Andrews v. State, 50 Tennessee (3 Heisk.) 165 (1871)213City of Salina v. Blaksley, 83 P. 619 (Kans. 1905)218State v. Kessler, 614 P. 2d 94 (Ore. 1980)222Arnold v. City of Cleveland, 616 N.E. 2d 163 (Ohio 1993)227Ch. 5Guns and Identity: Race, Gender, Class, and Culture234ARace235The Second Amendment: Toward an Afro-Americanist Reconsideration236Race, Riots, and Guns245National Association for the Advancement of Colored People v. A. A. Arms, Inc. et al253Guns Don't Kill Black People, Other Blacks Do255BGender258Why Annie Can't Get Her Gun: A Feminist Perspective on the Second Amendment258Why Packing a Pistol Perpetuates Patriarchy267CClass and Culture276Submission Is Not the Answer: Lethal Violence, Microcultures of Criminal Violence and the Right to Self-Defense277Firearms Ownership by Class and Culture283Lethal Violence Victimization by Class and Culture283Ch. 6Guns and Civil Liability288AAre Guns Defective Products on the Theory That Their Risk to Society Outweighs Their Usefulness?289Handguns as Products Unreasonably Dangerous Per Se291Rejecting the "Whipping-Boy" Approach to Tort Law: Well-Made Handguns Are Not Defective Products302BAre Guns Defective Products If They Can Be Made Safer?308A Public Health Approach to Regulating Firearms as Consumer Products308CHave Gun Manufacturers Negligently Marketed Guns to Criminals?320Merrill v. Navegar, Inc. 89 Calif. Rptr. 2d 146 (Calif. Ct. App. 1999), reversed, 110 Calif. Rptr. 2d 370 (Calif. 2001)327DGovernment Plaintiff Litigation334Municipal Firearm Litigation: Ill Conceived from Any Angle337The Smith & Wesson Settlement347The Future355Permissions356Index358About the Editors368
\ From the Publisher"Most academic literature regarding firearms policy is one-sided advocacy scholarship. . . . This book seeks to create such a balance."\ -Future Survey\ ,\ -,\ \ \
