Citation

Johnson CM. Columbia Law Rev. 2017; 117(6): 1585-1622.

Copyright

(Copyright © 2017, Columbia University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

This Note examines the constitutionality of age-based handgun purchase restrictions in the wake of the Supreme Court's decision in District of Columbia v. Heller (Heller I). Part I explores Second Amendment jurisprudence since the Founding and provides an overview of current federal and state firearms restrictions. It also reviews current challenges in the courts to federal prohibitions on firearms purchases and possession by classes defined in the Gun Control Act of 1968. Part II examines the recent challenge to age-based restrictions on handgun purchases as defined by the Omnibus Crime Control and Safe Streets Act of 1968. It also distinguishes the Heller I exceptions and examines age-based restrictions on other fundamental rights. Part III outlines a judicial framework for evaluating age-based restrictions on handgun purchases and proposes a method by which Congress could remedy the arguably unconstitutional infringement on the fundamental right to keep and bear arms by the current law.

Language: en

Keywords

2nd-amendment