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96 Chi.-Kent L. Rev. 399 (2021-2023)
Bringing Nunchakus to a Gun Fight: Examing the Hidden Frontline in the Second Amendment Debate

handle is hein.journals/chknt96 and id is 415 raw text is: 


                              ALEX  MATTHEWS


     The gun control debate continues to rage in the United States.' Neither
side wants to give an  inch in pursuit of their vision of what gun rights
should or should not be in modem-day  America.2 It seems all too often we
learn of a mass shooting involving numerous  fatalities,3 so it comes as no
surprise that following every incident, a new wave of legislation is intro-
duced  in an  effort to prevent something  similar from  ever happening
again.4 However, such legislation may run afoul of the protections guaran-
teed under the Second Amendment   to the Constitution of the United States.
     The Second  Amendment states,  A  well-regulated militia, being nec-
essary to the security of a free state, the right of the people to keep and bear
arms  shall not be infringed.5 For most of this nation's history, the Su-
preme  Court  almost ignored  the Second  Amendment,   refusing to grant
certiorari in cases centering on it.6 But that changed in 2008 when the Su-
preme  Court heard  District of Columbia v. Heller.' Two  years later, the
Court heard another Second  Amendment   case, McDonald  v. City of Chica-
go,8 and again six years after that in Caetano v. Massachusetts.9 While this
is not exactly an inundation of cases, it certainly displays a marked shift
from  the manner in which  the Court had treated the Second  Amendment

    1. See, e.g., Sheryl Gay Stolberg, Texas Shooting Brings New Urgency to Gun Debate in Con-
gress, N.Y. TIMES (Sept. 1, 2019), https://www.nytimes.com/2019/09/01/us/politics/texas-shooting-
gun-control.html. [https://perma.cc/5GK2-R6RA].
    2. See id.
    3. E.g., Elizabeth Chuck, Alex Johnson, & Corky Siemaszko, 17 Killed in Mass Shooting at
High School in Parkland, Florida, NBC NEWS (Feb. 14, 2018), www.nbcnews.com/news/us-
news/police-respond-shooting-parkland-florida-high-school-n84810 [https://perma.c/DvY9-Q3X8].
    4. See Sotlberg, supra note 1.
    5. U.S. CONST. amend. II.
    6. E.g., United States v. Warin, 530 F.2d 103, 106-07 (6th Cir. 1976) (holding that the Second
Amendment does not guarantee a personal right to bear arms), cert. denied, 426 U.S. 948 (1976).
    7. 554 U.S. 570 (2008).
    8. 561 U.S. 742 (2010).
    9. 136 S. Ct. 1027 (2016).


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