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Law of the Land: Regional Gun Control in the U.S.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(1), pp.609-623
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sara Oh 1

1가천대학교

Accredited

ABSTRACT

The U.S. is well-known for its gun related violence and rampant crime rates. The country tackles this problem through a distinctive federal system where each regional government unit enacts its own gun control laws. Each land unit in the U.S. fends for itself when it comes to gun control. The reason behind the development of such a system is partly because of the 2nd Amendment of the U.S. Constitution. The federal government is limited in its authority to take action that may infringe the right of American people to keep and bear arms. As result, regional government units began to take active legislative role since the last decade. To protect these regional gun control laws, the courts stepped in and validated them through court decisions. Recently, there have been a flood of lawsuits against regional governments on this issue challenging the constitutionality of regional gun control laws. Observing history, case examples, and current gun control policies at federal and regional levels, this study concludes that there exists a direct relationship between the U.S. courts and regional gun control laws. Implications of the relationship is explored, discussing the pros and cons and suggestions for future studies.

Citation status

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