Marquette Law Review Volume 97 Article 8 Issue 3 Spring 2014 Second Amendment Decision Rules, Non-Lethal Weapons, and Self-Defense A.J. Peterman
[email protected] Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Constitutional Law Commons, and the Second Amendment Commons Repository Citation A.J. Peterman, Second Amendment Decision Rules, Non-Lethal Weapons, and Self-Defense, 97 Marq. L. Rev. 853 (2014). Available at: http://scholarship.law.marquette.edu/mulr/vol97/iss3/8 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. PETERMAN-10 (DO NOT DELETE) 7/2/2014 5:25 PM SECOND AMENDMENT DECISION RULES, NON-LETHAL WEAPONS, AND SELF- DEFENSE General public debate about the Second Amendment has focused almost exclusively on the regulation of firearms. After Heller and McDonald, the scope of the Second Amendment’s protection has been hotly contested. One area of the Second Amendment that has been less discussed is the decisional rules that would govern non-firearms and levels of protection based on location. This Comment proposes two Second Amendment Constitutional decisional rules. Broadly, this Comment suggests that the “common use” test for “arms” should be modified for the development of new arms, such as non-lethal weapons, that are subject to the Second Amendment. The proposed “common use for the self-defense purpose” test attempts to add more precision by tying the weapon to the individual right to self-defense.