Lethality, Public Carry, and Adequate Alternatives

Authors

Joseph Blocher, Duke Law SchoolFollow
Darrell A. H. Miller, Duke Law SchoolFollow

Document Type

Article

Publication Date

2016

Abstract

This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?

Citation

Joseph Blocher & Darrell A. H. Miller, Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation 279-301 (2016)