What Firearms Law and Regulatory Scholarship Can Learn from Each Other

It would be an understatement to say that gun debate partisans have different views about the proper relationship between gun rights and regulation. From a scholarly perspective, those differences are typically refracted through the lenses of constitutional law, public health, political science, and—with increasing precision and clarity—history and sociology. When it comes to regulatory law, however, the interdisciplinary conversation has barely begun. Firearms law scholars—ourselves included—have not taken full advantage of advances in regulation scholarship, focusing instead on constitutional law in general and the U.S. Constitution’s Second Amendment in particular. On the other side, regulatory scholars generally have not given the same attention to firearms as to other subjects like pharmaceuticals, financial services, and the environment. There are many reasons why this might be so. The relative paucity of federal law is an obvious factor, as…

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