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A Public Health Approach to Gun Violence, Legally Speaking

Published online by Cambridge University Press:  01 January 2021

Abstract

The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.

Type
Symposium Articles
Copyright
Copyright © American Society of Law, Medicine and Ethics 2019

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References

Hemenway, D. and Miller, M., “Public Health Approach to the Prevention of Gun Violence,” New England Journal of Medicine 368 (2013): 20332035. See also R. Butkus et al., “Reducing Firearm Injuries and Deaths in the United States: A Position Paper From the American College of Physicians,” Annals of Internal Medicine 169 (2018): 704-707.CrossRefGoogle Scholar
554 U.S. 570, 609 (2008)Google Scholar
Kachalsky v. County of Westchester, 701 F.3d 81, 88 (2012)Google Scholar
Kegler, S. R., Dahlberg, L. L, and Mercy, J. A., “Firearm Homicides and Suicides in Major Metropolitan Area – United States, 2012-2013 and 2015-2016,” Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report 67, no. 44 (2018): 12331237, at 1233.CrossRefGoogle Scholar
Centers for Disease Control and Prevention, WISQARS (Web-Based Injury Statistics Query and Reporting System) Injury Center.Google Scholar
See Kegler, Dahlberg, and Mercy, supra note 4, at 1234Google Scholar
Riddell, C. A. et al., “Comparison of Rates of Firearm and Nonfirearm Homicide and Suicide in Black and White Non-Hispanic Men, by U.S. State,” Annals of Internal Medicine 168, no. 10 (2018): 712721, at 712.CrossRefGoogle Scholar
Centers for Disease Control and Prevention, “10 Leading Causes of Death by Age Group, United States – 2016,” available at <https://www.cdc.gov/injury/images/lc-charts/leading_causes_of_death_age_group_2016_1056w814h.gif> (last visited February 6, 2019).+(last+visited+February+6,+2019).>Google Scholar
Centers for Disease Control and Prevention, WISQARS (Web-Based Injury Statistics Query and Reporting System) Injury Center.Google Scholar
Anestis, M. D., Khazem, L. R., and Anestis, J. C., “Differentiating Suicide Decedents Who Died Using Firearms from Those Who Died Using Other Methods,” Psychiatry Research 252 (2017): 2328, at 23.CrossRefGoogle Scholar
Papachristos, A. V., Wilderman, C., and Roberto, E., “Tragic, But Not Random: The Social Contagion of Nonfatal Gunshot Injuries,” Social Science & Medicine 125 (2015): 139150, at 147.CrossRefGoogle Scholar
Id., at 148Google Scholar
Green, B., Horel, T., and Papachristos, A. V., “Modeling Contagion through Social Networks to Explain and Predict Gunshot Violence in Chicago, 2006 to 2014,” JAMA Internal Medicine 177, no. 3 (2017): 326333, at 331CrossRefGoogle Scholar
Id., at 327Google Scholar
197 U.S. 11 (1905)Google Scholar
Prince v. Massachusetts, 321 U.S. 158, 166–67 (1944)Google Scholar
Boone v. Boozman, 217 F.Supp. 2d 938, 954 (E.D. Ark. 2002)Google Scholar
Jacobson, 197 U.S. at 11Google Scholar
Heller, 554 U.S. at 592CrossRefGoogle Scholar
City of Newark v. J.S., 652 A.2d 265 (N.J. Super. Ct. 1993)Google Scholar
Ulrich, M., and Mariner, W., “Quarantine and the Federal Role in Epidemics,” SMU Law Review 71 (2018): 391, 403-408.Google Scholar
Siegel, M.,et al., “Easiness of Legal Access to Concealed Firearm Permits and Homicide Rates in the United States,” American Journal of Public Health 107, no. 12 (2017): 19231929.CrossRefGoogle Scholar
Mill, J. S., On Liberty (London: Penguin, 1880)Google Scholar
Parmet, W., Populations, Public Health, and the Law (Washington, D.C.: Georgetown University Press, 2009): at 11.Google Scholar
Silverster v. Harris, 843 F.3d 816 (9th Cir 2016), cert. denied, 583 U.S. (2018) (Thomas, J., dissenting).Google Scholar