TY - JOUR
T1 - Firearms and health
T2 - The right to be armed with accurate information about the Second Amendment
AU - Vernick, J. S.
AU - Teret, S. P.
PY - 1993
Y1 - 1993
N2 - An organized campaign by groups such as the National Rifle Association has sought to convince policymakers and others that the Second Amendment to the US Constitution grants an unfettered right to individuals to possess any firearm, free from federal or state regulation. Although advocates may debate the meaning that should be given to the Second Amendment, under the American legal system the meaning of any particular constitutional provision is determined by the controlling precedent of Supreme Court cases. Two cases, Presser v Illinois and United States v Miller, remain the Supreme Court's latest word on the meaning of the Second Amendment. In Presser, the Court held that the Second Amendment is applicable only to federal, not state, laws. In Miller and subsequent federal cases, any Second Amendment 'right' to bear arms is closely linked to the preservation of state militias, upholding a variety of federal gun legislation. Unless the Supreme Court modifies or reverses its Presser and Miller decisions, health advocates should understand that the Second Amendment poses no obstacle to even broad gun control legislation.
AB - An organized campaign by groups such as the National Rifle Association has sought to convince policymakers and others that the Second Amendment to the US Constitution grants an unfettered right to individuals to possess any firearm, free from federal or state regulation. Although advocates may debate the meaning that should be given to the Second Amendment, under the American legal system the meaning of any particular constitutional provision is determined by the controlling precedent of Supreme Court cases. Two cases, Presser v Illinois and United States v Miller, remain the Supreme Court's latest word on the meaning of the Second Amendment. In Presser, the Court held that the Second Amendment is applicable only to federal, not state, laws. In Miller and subsequent federal cases, any Second Amendment 'right' to bear arms is closely linked to the preservation of state militias, upholding a variety of federal gun legislation. Unless the Supreme Court modifies or reverses its Presser and Miller decisions, health advocates should understand that the Second Amendment poses no obstacle to even broad gun control legislation.
UR - http://www.scopus.com/inward/record.url?scp=0027146711&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=0027146711&partnerID=8YFLogxK
U2 - 10.2105/AJPH.83.12.1773
DO - 10.2105/AJPH.83.12.1773
M3 - Review article
C2 - 8259817
AN - SCOPUS:0027146711
SN - 0090-0036
VL - 83
SP - 1773
EP - 1777
JO - American journal of public health
JF - American journal of public health
IS - 12
ER -