Refining the Dangerousness Standard in Felon Disarmament
By Jamie G. McWilliam
Publication Date
2024
Abstract
Part I of this essay briefly discusses the history of disarmament laws in the United States, drawing out the tension between their general theme of dangerousness and their problematic applications. In Part II, this essay traces the Second Amendment back to its first principles to outline the boundaries for whom it does—and does not—protect the right to keep and bear arms. Part III applies these principles to the issue of felon disarmament and proposes an evidence-backed standard that fulfills the Second Amendment’s principle of defense while protecting individual rights against the potentially discriminatory discretion of judges and lawmakers.
Recommended Citation
Jamie G. McWilliam, Refining the Dangerousness Standard in Felon Disarmament, 108 Minn. L. Rev. Headnotes 315 (2024).
