Constitution Daily

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Podcast: A reasoned debate about the Second Amendment

October 22, 2015 by NCC Staff


Guns_twitterIn 2008, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects the individual’s right to keep a handgun in his or her home for self-defense. Two years later, the Court ruled in McDonald v. Chicago that the right to “keep and bear arms” is a fundamental right that is applicable against the states as much as the federal government.

Since 2010, lower courts and legislatures have grappled with the full meaning of those decisions. From concealed carry laws, to licensing and registration requirements, to bans on the possession of particular types of guns, the Supreme Court left many issues unresolved.

In the wake of another mass shooting on October 1, killing nine and wounding nine others at a community college in Oregon, many are searching for policy solutions to reduce gun violence, but many are also concerned about infringing on a constitutional right.

Does an individual indeed have a Second Amendment right to possess a weapon in self-defense, as the Court ruled in Heller and McDonald? If so, what is the scope of that right?

Adam Winkler is Professor of Law at the UCLA School of Law.

Nelson Lund is University Professor at the George Mason University School of Law.

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This show was engineered and edited by Jason Gregory. It was produced by Nicandro Iannacci. Research was provided by Lana Ulrich and Danieli Evans.

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