We Don't Come From a Land Down Under: How Adopting Australia's Gun Laws Would Violate the Second Amendment of the U.S. Constitution

Authors

• Jonathan Weg, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.

Disciplines

Comparative and Foreign Law | Law | Law and Race | Law Enforcement and Corrections | Second Amendment

Recommended Citation

Jonathan Weg, We Don't Come From a Land Down Under: How Adopting Australia's Gun Laws Would Violate the Second Amendment of the U.S. Constitution, 24 Cardozo J. Int'l & Comp. L. 657 (2016).
Available at: https://larc.cardozo.yu.edu/cjicl/vol24/iss3/7