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NSU Undergraduate Law Journal

Abstract

This paper examines the constitutional tension between gun regulation and the right to bear arms in the United States. By analyzing landmark Supreme Court cases and major legislative developments, tracing the historical foundations of the Second Amendment, exploring judicial interpretations, and identifying ongoing doctrinal challenges, it highlights  the central constitutional conflict: the Second Amendment guarantees an individual right to keep and bear arms, yet that right often clashes with the government’s responsibility to protect citizens and maintain public safety. Courts and legislatures continue to struggle to define the limits of governmental authority without infringing upon fundamental constitutional rights, revealing an ongoing and unresolved tension at the core of American constitutional law. To broaden its perspective, this paper includes a comparative analysis of other common law nations where firearm regulation has evolved along distinct constitutional and cultural lines.

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