Gun Control And Gun Rights

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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 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.

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Editorial Reviews

From the Publisher
"Most academic literature regarding firearms policy is one-sided advocacy scholarship. . . . This book seeks to create such a balance."
-Future Survey
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Product Details

  • ISBN-13: 9780814747605
  • Publisher: New York University Press
  • Publication date: 6/1/2002
  • Edition description: New Edition
  • Pages: 368
  • Product dimensions: 0.86 (w) x 9.00 (h) x 6.00 (d)

Meet the Author

Andrew J. McClurg is professor of law at the Florida International University College of Law.

David Kopel is Research Director at the Independence Institute in Golden, Colorado.

Brannon Denning is Assistant Professor of Law at Southern Illinois University Law School.

Brannon Denning is Assistant Professor of Law at Southern Illinois University Law School.

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Table of Contents

Ch. 1 The Benefits of Gun Ownership 1
A The Benefits of Guns for Personal Self-Defense 3
Basic Self-Defense Principles 3
The Effectiveness of Guns for Self-Defense 6
Point Blank: Guns and Violence in America 6
How Many Defensive Gun Uses (DGUs)? 12
Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun 13
The Gun Debate's New Mythical Number: How Many Defensive Uses Per Year? 26
B Gun Ownership and Carrying as a Deterrent to Crime 33
Armed and Considered Dangerous: A Survey of Felons and Their Firearms 34
Gun Carrying 37
More Guns, Less Crime: Understanding Crime and Gun Control Laws 38
"Lotts" More Guns and Other Fallacies Infecting the Gun Control Debate 48
C Recreational Use 53
Ch. 2 The Costs of Firearms 60
A Homicides and Other Intentional Shootings 61
Firearms and Violence: Interpreting the Connection 63
B Suicide 78
The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More "Smoking Gun" 82
C Accidental Shootings 91
Targeting Guns: Firearms and Their Control 91
D The Financial Costs of Firearms Crime 103
E Fear 106
Fear of Crime in the United States: Avenues for Research and Policy 106
Ch. 3 Philosophical Roots of the Right to Arms and of Opposition to That Right 113
A Self-Defense as a Natural Right 113
In Defence of Titus Annius Milo 114
The Rights of War and Peace 115
Leviathan 116
Second Treatise on Government 116
On Crime and Punishment 119
B Arms Bearing as an Incident of Citizenship 122
The Politics 122
The Art of War 123
Letter to Samuel Kercheval (July 12, 1816) 125
Advice to the Privileged Orders 126
C The Propensity of Absolute Rulers to Disarm Their Subjects 130
The Politics 130
The Republic 131
The Laws 132
The Art of War 132
The Six Bookes of a Commonweale 133
The American Crisis 134
D The Citizen Militia as Dual Safeguard against Tyranny and Foreign Invasion 137
Discourses on Livy 137
A Discourse of Government with Relation to Militias 139
The Federalist No. 46 141
E Doubts about the Efficacy of Militias 147
An Inquiry into the Nature and Causes of the Wealth of Nations 147
The Federalist No. 29 151
Ch. 4 The Right to Arms in the Second Amendment and State Constitutions: Cases and Commentary 155
A The Second Amendment in the Supreme Court 156
Presser v. Illinois, 116 U.S. 252 (1886) 158
United States v. Miller, 307 U.S. 174 (1939) 163
B The Second Amendment in Lower Federal Courts 177
Hickman v. Block, 81 F. 3d 98 (1996) 177
United States v. Emerson, 46 F. Supp. 2d 598 (N.D. Tex. 1999) 181
C Scholarly Commentary on the Second Amendment 189
A Critical Guide to the Second Amendment 190
Commonplace or Anachronism: the Standard Model, the Second Amendment, and the Problem of History in Contemporary Constitutional Theory 204
D The Right to Keep and Bear Arms under State Constitutions 212
Andrews v. State, 50 Tennessee (3 Heisk.) 165 (1871) 213
City of Salina v. Blaksley, 83 P. 619 (Kans. 1905) 218
State v. Kessler, 614 P. 2d 94 (Ore. 1980) 222
Arnold v. City of Cleveland, 616 N.E. 2d 163 (Ohio 1993) 227
Ch. 5 Guns and Identity: Race, Gender, Class, and Culture 234
A Race 235
The Second Amendment: Toward an Afro-Americanist Reconsideration 236
Race, Riots, and Guns 245
National Association for the Advancement of Colored People v. A. A. Arms, Inc. et al 253
Guns Don't Kill Black People, Other Blacks Do 255
B Gender 258
Why Annie Can't Get Her Gun: A Feminist Perspective on the Second Amendment 258
Why Packing a Pistol Perpetuates Patriarchy 267
C Class and Culture 276
Submission Is Not the Answer: Lethal Violence, Microcultures of Criminal Violence and the Right to Self-Defense 277
Firearms Ownership by Class and Culture 283
Lethal Violence Victimization by Class and Culture 283
Ch. 6 Guns and Civil Liability 288
A Are Guns Defective Products on the Theory That Their Risk to Society Outweighs Their Usefulness? 289
Handguns as Products Unreasonably Dangerous Per Se 291
Rejecting the "Whipping-Boy" Approach to Tort Law: Well-Made Handguns Are Not Defective Products 302
B Are Guns Defective Products If They Can Be Made Safer? 308
A Public Health Approach to Regulating Firearms as Consumer Products 308
C Have Gun Manufacturers Negligently Marketed Guns to Criminals? 320
Merrill v. Navegar, Inc. 89 Calif. Rptr. 2d 146 (Calif. Ct. App. 1999), reversed, 110 Calif. Rptr. 2d 370 (Calif. 2001) 327
D Government Plaintiff Litigation 334
Municipal Firearm Litigation: Ill Conceived from Any Angle 337
The Smith & Wesson Settlement 347
The Future 355
Permissions 356
Index 358
About the Editors 368
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