Firearms in America: Selected Issues and Analyses

Alfonso D. Sutton (Editor)

Series: Safety and Risk in Society
BISAC: POL032000

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Congress has broad authority pursuant to the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. As such, Congress has passed complex statutory provisions that regulate the possession, receipt, transfer, and manufacture of firearms and ammunition. Generally, courts have upheld the validity of firearms laws pursuant to Congress’s commerce power.

However, courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This book explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court’s Commerce Clause jurisprudence primarily set forth in United States v. Lopez. (Imprint: Nova)

Preface

Chapter 1 - Congressional Authority to Regulate Firearms: A Legal Overview (pp. 1-22)
Vivian S. Chu

Chapter 2- Second Amendment Challenges to Firearms Regulations Post-Heller (pp. 23-48)
Vivian S. Chu

Chapter 3 - Federal Assault Weapons Ban: Legal Issues (pp. 49-68)
Vivian S. Chu

Chapter 4 - Submission of Mental Health Records to NICS and the HIPAA Privacy Rule (pp. 69-88)
Edward C. Liu, Erin Bagalman, Vivian S. Chu and C. Stephen Redhead

Chapter 5 - Internet Firearm and Ammunition Sales (pp. 89-100)
Vivian S. Chu

Chapter 6 - The Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers (pp. 101-112)
Vivian S. Chu

Chapter 7 - Firearm Violence, 1993-2011 (pp. 113-170)
Michael Planty and Jennifer L. Truman

Index

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