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"Citizens with Guns: Firearms & American Identity"

By Douglas A. Berman

The title of this post is the title of a new article from Pratheepan Gulasekaram, which seems especially timely in light of the recent presence of gun-toting folks at various health-care town halls last month. Also, as the abstract reveals, the article should also be of interest to anyone concerned with the Heller court's suggestion that all felons can be categorically excluded from the Second Amendment: This article examines the relationship between firearms and American citizenship, both as a matter of legal status and as a matter of perceived American identity.  To do so, this article will explore the link between guns and citizenship as textual matter, a historical and legal narrative, and a symbolic bond.  First, this paper will examine Heller?s largely unnoticed contention that the Second Amendment benefits only citizens...continue to full post

Full post as published by Sentencing Law and Policy on September 14, 2009 (boomark / email).