In the aftermath of the Parkland shooting, Richard Epstein provides his legal analysis of where Second Amendment jurisprudence went wrong and explains what policy options might actually help to ease gun violence — and why real solutions are devilishly hard to come by.

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Published in: Guns, Law

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  1. Belt Inactive
    Belt
    @Belt

    So as I understand it, Richard is arguing that…

    1. The 2nd Amendment is not a federal guarantee of the individual right to bear arms, but rather an expression that the federal government cannot interfere with the state’s control over the militia, and that
    2. states are obligated to maintain a militia, and all citizens in the state are potentially members, but the state can determine who they are, and
    3. the federal government’s role is to harmonize the gun laws of the states so that their militia can interoperate effectively.

    Is this a fair summation of his argument?

    • #1