Gun Control after Heller: Litigating against Regulation
The "core right" established in D.C. vs. Heller (2008) is to keep an operable handgun in the home for self-defense purposes. If the Court extends this right to cover state and local jurisdictions, the result is likely to include the elimination of the most stringent existing regulations - such as Chicago's handgun ban - and could also possibly ban regulations that place substantial restrictions or costs on handgun ownership. We find evidence in support of four conclusions: The effect of Heller may be to increase the prevalence of handgun ownership in jurisdictions that currently have restrictive laws; Given the best evidence on the consequences of increased prevalence of gun ownership, these jurisdictions will experience a greater burden of crime due to more lethal violence and an increased burglary rate; Nonetheless, a regime with greater scope for gun rights is not necessarily inferior - whether restrictive regulations would pass a cost benefit test may depend on whether we accept the Heller viewpoint that there is a legal entitlement to possess a handgun; In any event, the core right defined by Heller leaves room for some regulation that would reduce the negative externalities of gun ownership.
|Date of creation:||Oct 2009|
|Date of revision:|
|Publication status:||published as P.J. Cook, J. Ludwig, and A. Samaha. "Gun Control After Heller: Threats and Sideshows from a Social Welfare Perspective." UCLA Law Review 56.5 (June, 2009): 1041-1093.|
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" The Benefits of Reducing Gun Violence: Evidence from Contingent-Valuation Survey Data,"
Journal of Risk and Uncertainty,
Springer, vol. 22(3), pages 207-26, May.
- Jens Ludwig & Philip J. Cook, 1999. "The Benefits of Reducing Gun Violence: Evidence from Contingent-Valuation Survey Data," NBER Working Papers 7166, National Bureau of Economic Research, Inc.
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9487, National Bureau of Economic Research, Inc.
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- Deborah Azrael & Philip J. Cook & Matthew Miller, 2001. "State and Local Prevalence of Firearms Ownership: Measurement, Structure, and Trends," NBER Working Papers 8570, National Bureau of Economic Research, Inc.
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"More Guns, More Crime,"
Journal of Political Economy,
University of Chicago Press, vol. 109(5), pages 1086-1114, October.
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- repec:reg:rpubli:282 is not listed on IDEAS
- Philip J. Cook & James A. Leitzel, 2002. ""Smart" Guns: A Technological Fix For Regulating The Secondary Market," Contemporary Economic Policy, Western Economic Association International, vol. 20(1), pages 38-49, 01.
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