The Business of Guns: The Second Amendment & Firearms Commerce

Authors

Corey A. Ciocchetti, Associate Professor of Business Ethics and Legal Studies, Daniels College of Business, University of Denver; J.D., M.A.

First Page

1

Last Page

68

Document Type

Article

Abstract

Does the Second Amendment protect commerce in firearms? The simple answer is: yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black-letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customers’ Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as recent, horrific gun violence has launched serious regulation of firearms commerce back into the spotlight. These regulations are constantly challenged and must be adjudicated using the precious little guidance the Supreme Court has provided.

Recommended Citation

Corey A. Ciocchetti The Business of Guns: The Second Amendment & Firearms Commerce, 46 Pepp. L. Rev. 1 (2019)
Available at: https://digitalcommons.pepperdine.edu/plr/vol46/iss1/1