1. A Trigger Warning: Red Flag Laws are Still Constitutionally Permissible and Could Reduce the Suicide Rates in the Country's Most Vulnerable States.
- Author
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Campbell, Joseph C.
- Subjects
Right to bear arms -- Laws, regulations and rules -- Psychological aspects ,Firearms ownership -- Psychological aspects -- Safety and security measures -- Laws, regulations and rules ,Gun violence -- Statistics -- Control -- Laws, regulations and rules ,Outdoor recreation -- Licensing, certification and accreditation -- Safety and security measures -- Laws, regulations and rules ,Mentally ill -- Laws, regulations and rules -- Care and treatment ,Restraining orders -- Laws, regulations and rules ,Criticism, Textual -- Analysis ,Constitutional law -- Interpretation and construction ,Suicide -- Statistics -- Control -- Laws, regulations and rules ,McDonald v. City of Chicago (130 S. Ct. 3020 (2010)) ,District of Columbia v. Heller (554 U.S. 570 (2008)) ,New York State Rifle & Pistol Ass'n v. Bruen (142 S. Ct. 2111 (2022)) ,Government regulation ,Bipartisan Safer Communities Act of 2022 ,United States Constitution (U.S. Const. amend. 2) - Abstract
TABLE OF CONTENTS I. SUICIDE IN THE MOUNTAIN STATES 366 II. EFFECTIVENESS, JURISPRUDENCE, HUNTING 367 A. Red Flag Laws and Reduction of Firearm Violence 367 B. Modern 2nd Amendment Analysis [...], Montana, Alaska, and Wyoming lead the United States in a category coveted by no one: the suicide rate. Firearm ownership drives the rate to the disproportionate level it reaches year after year and the states are left with little recourse. This article argues the usefulness and constitutionality of narrowly tailored red-flag laws aimed exclusively at reducing the rate of suicide in these mountain states. The article follows Supreme Court jurisprudence leading up to New York Rifle & Pistol Association v. Bruen and offers an analysis that complies with the hyper textualist history and tradition test laid out by Scalia in District of Columbia v. Heller and McDonald v. City of Chicago. The analysis demonstrates that narrowly tailored red flag laws are a constitutional means of reducing the suicide rate in these at-risk states and references statutory and cultural avenues for the implementation of the legislation.
- Published
- 2024