@article{ref1,
title="Implementing the Right to Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda",
journal="UCLA law review",
year="2009",
author="Volokh, Eugene",
volume="56",
number="5",
pages="1443-1549",
abstract="How should state and federal constitutional rights to keep and bear arms   be turned into workable constitutional doctrine? I argue that unitary   tests such as,,strict scrutiny,&quot; &quot;intermediate scrutiny,&quot; &quot;undue   burden,&quot; and the like don't make sense here, just as they don't fully   describe the rules applied to most other constitutional rights.   Rather, courts should separately consider four different categories of   justifications for restricting rights: (1) Scope justifications, which   derive from constitutional text, original meaning, tradition, or   background principles; (2) burden justifications, which rest on the   claim that a particular law doesn't impose a substantial burden on the   right, and thus doesn't unconstitutionally infringe it; (3) danger   reduction justifications, which rest on the claim that some particular   exercise of the right is so unusually dangerous that it might justify   restricting the right; and (4) government as proprietor justifications,   which rest on the government's special role as property owner, employer,   or subsidizer.   I suggest where the constitutional thresholds for determining the   adequacy of these justifications might be set, and I we this framework   to analyze a wide range Of restrictions: &quot;what&quot; restrictions (such as   bans on machine guns, so-called &quot;assault weapons,&quot; or unpersonalized   handguns), &quot;who&quot; restrictions (such as bans on possession by felons,   misdemeanants, noncitizens, or 18-to-20-year-olds), &quot;where&quot; restrictions   (such as bans on carrying in public, in places that serve alcohol, or in   parks, or bans on possessing in public housing projects), &quot;how&quot;   restrictions (such as storage regulations), &quot;when&quot; restrictions (such as   waiting periods), &quot;who knows&quot; regulations (such as licensing or   registration requirements), and taxes and other expenses.<p />",
language="",
issn="0041-5650",
doi="",
url="http://dx.doi.org/"
}