Second Amendment Limitations and Criminological Considerations

Authors

Don B. Kates
Clayton E. Cramer

Abstract

Criminological studies which identify perpetrator characteristics are unanimous in finding that almost all murderers fall into three categories: (i) the mentally disturbed, and/or (2) adults with criminal records, and/or (3) juveniles with juvenile records. Many murder perpetrators exhibit two or all three characteristics. Thus laws such as the ones Heller invalidated that seek to disarm the general population have minimal value and deprive victims of the means of self-defense.

The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to misuse weapons.

Recommended Citation

Don B. Kates and Clayton E. Cramer, Second Amendment Limitations and Criminological Considerations, 60 Hastings L.J. 1339 (2009).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol60/iss6/6