Abstract
This Article examines the evidence of original intent behind the Second Amendment, which Justice Antonin Scalia ignored in District of Columbia v. Heller. It suggests that the adoption of the Second Amendment was motivated by states' concerns about federal control over state and local militias. Thus, it was intended as a state’s rights amendment before Justice Scalia disregarded the opening clause. The Article then examines the results of Justice Scalia’s opinion in terms of a widespread increasing homicide rate in a nation with more firearms in circulation than the total population. Finally, it compares current homicide rates in the United States with those of other nations, particularly those with more restrictive gun laws, where homicide rates are considerably lower.
Recommended Citation
William J. Carney,
Is the Second Amendment Outdated or Misinterpreted?,
48
S. Ill. U. L.J.
443
(2024).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss3/7