14 Geo. J.L. & Pub. Pol'y 187 (2016)
The Right Not to Be Shot: Public Safety, Private Guns, and the Constellation of Constitutional Liberties

handle is hein.journals/geojlap14 and id is 193 raw text is: 



        The Right Not to Be Shot: Public Safety,
          Private Guns, and the Constellation of
                    Constitutional Liberties


                  JONATHAN LowY* AND KELLY SAMPSON*

                            TABLE OF CONTENTS

INTRODUCTION: DUELING VISIONS OF AMERICA'S FIRST FREEDOM .........  188

  I. THE RIGHT FOR WHICH THERE IS No REMEDY OF
     RESURRECTION ..  .............................................   191

 II. PROTECTING LIVES: THE FIRST LEGITIMATE OBJECT OF GOOD
     GOVERNMENT ........     .......................................   196

     A. America's First Freedom ............................        196

     B. Constitutional Recognition of the Right to Live ...........  198

     C. Public Safety is Paramount ............................ 198

          i. Public Safety Limits Fifth Amendment Rights ........   198

          ii. Public Safety Limits First Amendment Rights ........     199

          iii. Public Safety Limits Property Rights ...............  200

          iv. Public Safety Limits Habeas Corpus Rights ..........     200

     D. Back to the Future: Protecting Life and Public Safety in
          Pre-Heller America ................................. 201

III. PROTECTING AMERICA'S FIRST FREEDOM IN THE POST-HELLER
     W ORLD  ...........................................               204
CONCLUSION: RECLAIMING AMERICA'S FIRST FREEDOM ................     205






  * Director, Legal Action Project, Brady Center to Prevent Gun Violence.
  ** Staff Attorney, Legal Action Project, Brady Center to Prevent Gun Violence.
  Thanks to Elizabeth Holtzman, who years ago responded to the Heller decision by asking: What
about the right to life? Thanks also to Sara Murphy, Brad Paraszczak, and Matthew Merlo for
extraordinary research; Joseph Blocher, Dennis Henigan, Paul Wolfson, Alla Lefkowitz, and Rob
Wilcox for advice; and Kelsey Rogers and Saurav Sarkar for invaluable all-around assistance.  2016,
Jonathan Lowy and Kelly Sampson.

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