William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 11-2020 Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties Timothy Zick William & Mary Law School,
[email protected] Follow this and additional works at: https://scholarship.law.wm.edu/facpubs Part of the Constitutional Law Commons, and the Second Amendment Commons Repository Citation Zick, Timothy, "Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties" (2020). Faculty Publications. 2029. https://scholarship.law.wm.edu/facpubs/2029 Copyright c 2020 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs Framing the Second Amendment: Gun Rights, Civil Rights and Civil Liberties Timothy Zick* ABSTRACT: Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutionalright to keep and bear arms. In constitutionaldiscourse, advocates and commentators have referred to the Second Amendment as a "collective, ""civic republican," "individual,"and 'fundamental" right. Gun rights advocates have defended the right to keep and bear arms on "law and order" grounds, while gun control proponents have urged regulation based on "public health, " "human rights, " and other concerns. These frames and concepts have significantly influenced how the right to keep and bear arms has been debated, interpreted, and enforced. This Article focuses on two common frames gun rights advocates have used to construct realities, identify grievances, motivate supporters, and ultimately influence the meaning of the Second Amendment. Advocates have framed the right to keep and bear arms as a "civil right" primarily concerned with equality values and opposed to discriminatory treatment of gun owners and gun rights.