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| NCJ Number:
|
NCJ 100241
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| Title:
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Banning Handguns - Expanding the Presumption of Unfitness (From Law-Abiding Criminals, P 27-37, 1983, by John Kaplan, et al - See NCJ-100239)
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| Author(s):
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R G Kessler
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| Sale:
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Second Amendment Foundation
James Madison Building
12500 NE Tenth Place
Bellevue, WA 98005
United States |
| Publication Date:
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1983 |
| Pages:
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11 |
| Type:
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Issue overviews |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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This essay argues against the indiscriminate criminalization of gun possession in the home and for gun laws that aim to prevent gun ownership by persons deemed unfit to possess them. |
| Abstract:
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Two basic legal strategies can prohibit home possession of firearms. One strategy proscribes not only home possession, but possession anywhere. The second strategy, often used in connection with the first, requires a license or permit to possess a firearm and applies criminal sanctions to those possessing firearms without the proper license. Most jurisdictions permit citizens to possess firearms in their homes and outlaw such possession only for persons deemed unacceptable risks for gun ownership. A law that presumes the unfitness of most citizens to own a firearm is paternalistic and inconsistent with the presumption of innocence as well as the concept of freedom to act responsibly. The assertion that the extent of handgun ownership is directly linked to the homicide rate is not bolstered by convincing evidence. Finally, the cost of enforcing a comprehensive prohibition of gun ownership would be excessive. 32 references. |
| Main Term(s):
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Gun control legislation |
| Index Term(s):
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Gun control ; Right of privacy |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=100241
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* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
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