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?
Joseph Blocher & Darrell A. H. Miller, Lethality, Public Carry, and Adequate Alternatives, 53 Harvard Journal on Legislation 279-301 (2016)
Library of Congress Subject Headings
Firearms--Law and legislation, Gun control, Constitution. 2nd Amendment
Available at: https://scholarship.law.duke.edu/faculty_scholarship/3581