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Technology, smart guns, GPS tracking and a better Second Amendment

By Douglas A. Berman

I just noticed on SSRN this effective short article about the modern Second Amendment debated headlined "Public Safety and the Right to Bear Arms."  I found the final paragraph of the piece especially insightful:[A better Second Amendment debate would not focus on whether the Amendment protects an individual right, but rather] would involve examining how best to recognize and protect the right while also allowing legislatures leeway to develop criminologically sound measures designed to limit, in so far as possible, access to weapons on the part of career criminals and those who are mentally unstable.  Such a debate would involve recognizing that the right to have arms has been and remains part of the American Constitutional tradition, that it is valued by large segments of society and that the right sets real limits on governmental regulation...continue to full post

Full post as published by Sentencing Law and Policy on February 23, 2008 (boomark / email).