Duquesne Law Review


Roger I. Roots


The notion that the Second Amendment right to bear arms is a collective rather than an individual right has persisted even though it has been buried by scholarly criticism. The author predicts that the collective right theory will finally collapse under the pressure of this scholarly criticism and the historical evidence that such a theory was not contemplated by the Founders when the Constitution and the Bill of Rights were created. According to the author, the federal district court decision in United States v. Emerson may be the impetus for this impending demise.

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