In an October 16th op-ed published by the Los Angeles Times, Illinois law dean and professor Vikram David Amar and co-author Alan Brownstein (UC Davis School of Law) argue that it is entirely legitimate for courts to take into account the social harms and risks arising from individuals keeping, bearing and using firearms.
"...opposition to gun regulations is often grounded on the premise that once an individual interest is identified as a “fundamental” right, that interest prevails over all countervailing public concerns.
"That premise is profoundly mistaken. And, importantly, it is inconsistent with the way that constitutional doctrine has developed with other fundamental rights, such as freedom of speech and freedom of religion. Second Amendment rights should be treated no more favorably, despite the political rhetoric of gun rights supporters who claim that any firearm regulation is an unconstitutional infringement on their rights."
Read the full op-ed at latimes.com.
Note: The views expressed are those of the author and do not necessarily reflect the views of the University of Illinois College of Law.