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Perspective
Published at www.nejm.org March 19, 2008 (10.1056/NEJMp0801601)

Interpreting the Right to Bear Arms — Gun Regulation and Constitutional Law
Mark Tushnet, J.D.

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On March 18, 2008, the U.S. Supreme Court heard oral arguments in District of Columbia v. Heller, a case challenging handgun-control statutes adopted in 1976 in Washington, D.C. The question before the Court is whether the District's prohibition of further registration of handguns, its ban on the carrying of concealed guns, and its mandate that guns kept in homes remain unloaded and either locked or disassembled violate citizens' rights that are guaranteed by the Second Amendment of the Constitution.

What we do about handguns is of course a question of public policy. Because of the Second Amendment, it is also . . . [Full Text of this Article]


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Mr. Tushnet is a professor of law at Harvard Law School, Cambridge, MA.

An interview with David Hemenway, professor of health policy at the Harvard School of Public Health, can be heard at www.nejm.org.

This article (10.1056/NEJMp0801601) was published at www.nejm.org on March 19, 2008. It will appear in the April 3 issue of the Journal.


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