Non-Resident Second Amendment Rights after Dearth v. Lynch

Authors

  • Steven K. Specht FSU College of Law
  • Michael Piccolo Florida State University

DOI:

https://doi.org/10.5380/rinc.v3i3.48001

Keywords:

Second Amendment, US Constitution, Non-Resident rights, Dearth v. Lynch.

Abstract

Two federal statutes have unwittingly resulted in depriving nonresident United States citizens of a constitutional right to bear arms. This article considers the background of the statutes, the rights and obligations of US Citizens abroad, and past jurisprudence on the Second Amendment. Through analysis of two types of scrutiny, one can consider how far to take the right to bear arms and determine how the right to bear arms should be treated for those who consciously give up permanent residency and live abroad.

Author Biographies

Steven K. Specht, FSU College of Law

Teaching Assistant, Mark Ellis, FSU College of Law. Juris Doctorate with Honors, Florida State University College of Law (United States). Master of Arts in International Relations and Conflict Resolution, American Military University (United States). Bachelor of Science in Journalism-Reporting, University of Florida (United States). Associate of Arts in Pashto with Honors, Defense Language Institute (United States).

Michael Piccolo, Florida State University

Bachelor of Science in Political Science, Florida State University (United States).

References

FROMAN Sandra S.; KLUKOWSKI Kenneth A. A Round in the Chamber: District of Columbia v. Heller and the Future of the Second Amendment. The Journal of the Federalist Society Practice Groups, Washington, vol. 9, n. 1, p. 16-21, feb. 2008

VOLOKH, Eugene. The Commonplace Second Amendment. New York University Law Review, New York, vol. 73, n. 3, p. 793-821, jun. 1998.

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Published

2016-12-21

How to Cite

SPECHT, Steven K.; PICCOLO, Michael. Non-Resident Second Amendment Rights after Dearth v. Lynch. Revista de Investigações Constitucionais, [S. l.], v. 3, n. 3, p. 11–34, 2016. DOI: 10.5380/rinc.v3i3.48001. Disponível em: https://revistas.ufpr.br/rinc/article/view/48001. Acesso em: 26 dec. 2025.

Issue

Vol. 3 No. 3 (2016): September/December

Section

Original articles

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