COVID-19 Emergency Restrictions on Firearms. Issue 4 (December 2020)

• Record Type: Journal Article
• Authors: Kuhn, Samuel A.
• Other Names: Ayres Ian guest-editor.; Gluck Abbe R. guest-editor.; Meares Tracey L. guest-editor.
• Is Part Of: Journal of law, medicine & ethics. Volume 48:Issue 4(2020)Supplement
• Page Start: 119
• Page End: 125
• Publication Date: 2020-12
• Subjects: Medical laws and legislation -- United States -- Periodicals; Medical care -- Law and legislation -- United States -- Periodicals; Medical ethics -- Periodicals; Jurisprudence -- Periodicals; Legislation, Medical -- Periodicals; Legislation, Nursing -- Periodicals; Ethics -- Periodicals; Forensic Medicine -- Periodicals; Nursing -- Periodicals; Medicine -- Periodicals; Societies -- Periodicals; Medical care -- Law and legislation; Medical ethics; Medical laws and legislation; United States; Periodicals; 344.73041
• DOI: 10.1177/1073110520979410
• Languages: English
• ISSNs: 1073-1105

Abstract

This article examines emergency restrictions imposed by state-level public officials on firearms during the COVID-19 pandemic. It surveys the litigation challenging each of the relatively few restrictions that were imposed, considers when and whether courts should apply the deferential Jacobson standard, the Heller Second Amendment analysis, or both, and explores the possibility that the unsettled nature of Second Amendment jurisprudence makes it likely that challenges to emergency firearms restrictions could result in dramatic developments in what the Second Amendment protects.