America's Guns and the Second Amendment

A Momentous Decision by the United States Supreme Court

by Jamie Lucier, Ph.D.



Book Details

Language : English
Publication Date : 16/07/2009

Format : Softcover
Dimensions : 6x9
Page Count : 112
ISBN : 9781438971049

About the Book

For generations it has been assumed by most people that the Second Amendment to the United States Constitution guarantees the right of individual citizens to keep and bear arms. Approximately 70% of all Americans and virtually all gun enthusiasts support this basic assumption.

The National Rifle Association resists much gun legislation using the argument that restrictive laws often infringe on the right to gun ownership established by the founding fathers as a significant part of the Bill of Rights. Others claim, however, that the Second Amendment pertains only to the right of the individual states to form well-regulated militias.

The “individual” vs. “collective” rights controversy has been heatedly argued in the courts since 1939, resulting in a strong leaning toward denial of the individual rights view, notably in the federal appeals courts. However, an opinion released by the United States Supreme Court in District of Columbia el. al., v. Heller in 2008 (No. 07-290) challenged the lower court opinions by deciding_ the issue in favor of the individual right interpretation of the Second Amendment. Several lower court opinions and also an analysis of the deciding Supreme Court case are reported in this informative book. An in-depth review of these cases should be prerequisite to any claim of sophistication regarding the issue of gun rights in America.

About the Author

The author is Emeritus professor of psychology and behavioral statistics with academic training that includes A.A., B.S., MA. and Ph.D degrees in experimental psychology with graduate level minors in criminology and business. He is well qualified to present a scholarly representation of the many controversial sides of America’s gun issues from both a behavioral and legal point of view.

Dr. Lucier is especially interested in a significant development in the United States Supreme Court as it pertains to the question of Second Amendment gun rights. The recent pronouncement expressed in the case of District of Columbia et. al.,v. He//er (2008) has overturned a historically recorded trend lasting for over seventy years. That trend, shown quite consistently at inferior court levels upheld the argument that the constitutionally guaranteed right to keep and bear arms was necessarily linked to membership in a well-regulated militia.

The reversal of that militia linkage requirement by the Supreme Court offers an opportunity for potential challenge of many gun laws presently in effect. Dr. Lucier is especially interested in the likelihood of significant legislative and judicial changes that might occur with the advent of a new adminstration that took office in 2009.