The constitutional debate over firearms regulation is centered on the requirements of the fifth and second amendments to the United States Constitution. In discussing the questions that will confront any federal regulatory scheme, this note examines recent fifth amendment decisions and explores the origins of the second amendment, which has been infrequently interpreted. It is concluded that while artfully drawn legislation could avoid the fifth amendment objections posed by Haynes v. United States, the impact of the second amendment is uncertain because of the historical and decisional ambiguity surrounding that provision.

Included in

Law Commons