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|
|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.|
|Contact details of provider:|| Postal: National Bureau of Economic Research, 1050 Massachusetts Avenue Cambridge, MA 02138, U.S.A.|
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- Philip J. Cook & Jens Ludwig & Sudhir A. Venkatesh & Anthony A. Braga, 2005.
"Underground Gun Markets,"
- Philip J. Cook & Jens Ludwig & Sudhir Venkatesh & Anthony A. Braga, 2005. "Underground Gun Markets," NBER Working Papers 11737, National Bureau of Economic Research, Inc.
- 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.
- 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.
- Philip J. Cook & Daniel A. Graham, 1977. "The Demand for Insurance and Protection: The Case of Irreplaceable Commodities," The Quarterly Journal of Economics, Oxford University Press, vol. 91(1), pages 143-156.
- Viscusi, W Kip & Aldy, Joseph E, 2003. "The Value of a Statistical Life: A Critical Review of Market Estimates throughout the World," Journal of Risk and Uncertainty, Springer, vol. 27(1), pages 5-76, August.
- W. Kip Viscusi & Joseph E. Aldy, 2003. "The Value of a Statistical Life: A Critical Review of Market Estimates throughout the World," NBER Working Papers 9487, National Bureau of Economic Research, Inc.
- Mark Duggan, 2001. "More Guns, More Crime," Journal of Political Economy, University of Chicago Press, vol. 109(5), pages 1086-1114, October.
- Mark Duggan, 2000. "More Guns, More Crime," NBER Working Papers 7967, National Bureau of Economic Research, Inc.
- Ludwig, Jens & Cook, Philip J, 2001. "The Benefits of Reducing Gun Violence: Evidence from Contingent-Valuation Survey Data," Journal of Risk and Uncertainty, Springer, vol. 22(3), pages 207-226, 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.
- Cook, Philip J. & Ludwig, Jens, 2006. "The social costs of gun ownership," Journal of Public Economics, Elsevier, vol. 90(1-2), pages 379-391, January.
- repec:reg:rpubli:282 is not listed on IDEAS
- Lott, John R, Jr & Mustard, David B, 1997. "Crime, Deterrence, and Right-to-Carry Concealed Handguns," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 1-68, January. Full references (including those not matched with items on IDEAS)
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