Can States Restrict the Constitutional Right to Bear Arms by following the Design of Texas Bill 8?
![handle is hein.journals/upjcl25 and id is 416 raw text is: CAN STATES RESTRICT THE CONSTITUTIONAL RIGHT TO BEAR ARMS
BY FOLLOWING THE DESIGN OF TEXAS BILL 8?
Amin R. Yacoub* and Becy Briggs**
ABSTRACT
In Sep-ember 2021, the Texas Bill 8 (hIe a,) ur (S.B. 8) was pul into effec. The ac banned abutun in
Txas /ha/ /akes place after six weeks ofpregnany - reversing the US Supreme Cuur decision of Roe v. Wa de.
Tu achieve /ha/ end, /he Texas legisla/ure uniquely designed /he ac/ /u wi/ks/and legal and cuns/i/u/iunal
challenges. The Texas legisla/ure uqrferred /he etjhrcemen/ uf/he ac/ upun priva/e individuals ra/her /han Texas
s/a/e oficals. By /ransferritg erq/rremen/ /u priva/e individuals, Texas ifficials cannu/ be subjec/ /u inJunc/iuns
prevetintg /hemfrum etjbrcing /he ac/. Furher, priva/e individuals cannu/ be subjec/ /u intyunc/iuns ei/her, as /hey
lack an uf/icial capaci/y /u represen/ Texas in etjbrcing /he ac/. This leaves /he ac/ immune agans/ most
challenges. Onthe /Oher hand, /he number qfgun-vilence dea/hs and injuries have spiked in /he United Sa/es.
The crrela/iun be/ween /he SecundAmendmen/ righ/ uf bearing arms and /heprevalen/ gun violence in /he Uited
Saes cannu/ be denied. In /ts research, we a//emp/ /u answer/he ques/iun ufwhe/her s/aes may adop/ /he Texas
Bill 8 unique design as a backduur /u blu ur res/ri /ohe Se und Amendmen/ righ/ of bearing arms to achieve
public safey.
INTRODUCTION
At first glance, it follows from a logical point of view that allowing anyone
in the street to possess lethal weapons only results in more homicides,
assassinations, and general chaos even when initial purchasers meet the arm
licensing conditions. In a society where it is not only acceptable, but also
constitutional to carry weapons from a pistol to building an assault rifle,' it
becomes extremely difficult to control gun violence. Yet, the potential
dangers surrounding bearing arms did not enter public discourse until after
New York Attorney; Doctoral (PhD/SJD) Candidate at University of Virginia School of Law;
Former Research Scholar at New York University (NYU) School of Law; Former Prosecutor at
the Egyptian Public Prosecution; LLM, NYU School of Law, MAHS Scholar (2018); Former
Associate at DLA Piper Law Firm (now Matouk Bassiouny Law Firm). The authors would like to
thank Simon Hunter-Hobson, Sarah Goodman, and all editors at U. Pa. J. Const L. for their
diligent edits, comments, and suggestions.
Criminal Defense Attorney licensed in Colorado, Virginia, and Federal District Courts. J.D.
Villanova, 2008; B.A. Bryn Mawr College, 2004; DSW University of Southern California, 2019;
L.L.M., University of San Diego School of Law, 2021.
See, e.g., Allen Brown, Can Tou Legally Build an AR 15 in Calif/rnia?, SONOMA VALLEY SUN (Feb. 18,
2021), https://sonomasun.com/2021/02/18/can-you-legally-build-an-ar-15-in-california/
[https://perma.cc/U4XL-9DWC].
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Can States Restrict the Constitutional Right to Bear Arms by following the Design of Texas Bill 8?
Can States Restrict the Constitutional Right to Bear Arms by following the Design of Texas Bill 8?