The Second Amendment Burden: Arming Courts with a Workable Standard for Reviewing Gun Safety Legislation

Abstract

Two hot-button topics; one framework. Second Amendment jurisprudence lacks a workable standard under which courts are to review gun control legislation. This paper presents an intersectional argument that (1) the abortion “undue burden” framework can be translated to Second Amendment legislation; (2) increased gun control provisions, like those recently proposed or discussed, are constitutional under current abortion framework. Though abortion is at the center of this discussion, this piece does not aim to contribute to reproductive rights discourse and accepts prima facie the current-standing framework.