학술논문

Regulating 3D-Printed Guns Post-Heller: Why Two Steps Are Better Than One.
Document Type
Article
Source
Journal of Law, Medicine & Ethics; Dec2020 Supplement 4, Vol. 48, p98-104, 7p
Subject
Firearms -- History
Gun laws
Posters
Technology
Rules
Three-dimensional printing
Language
ISSN
10731105
Abstract
This article describes why a constitutional test that relies exclusively on history and tradition for deciding modern firearm regulations is woefully inadequate when applied to modern technologies. It explains the unique advancements in firearm technology — specifically, ghost guns — that challenge the viability of a purely historical test, even if legal scholars or judges attempt to reason by analogy. This article argues that the prevailing, two-step approach, which incorporates both history and tradition, and requires a judicial examination of the purposes and methods supporting a challenged firearm regulation, should apply nationwide. That a dissenting faction of conservative judges seeks to ignore the prevailing approach presents a potentially dangerous path for Second Amendment jurisprudence. This article draws from certain historical gun laws to illustrate the difficult legwork that analogies must do under a purely historical test. It uses the advent of ghost guns as a case study to offer guidance for judges in their rulemaking practices regarding Second Amendment cases. [ABSTRACT FROM AUTHOR]