Studialne Prace Naukowe

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    Amerykańskie prawo do posiadania i noszenia broni w kontekście historycznym, normatywnym i społecznym
    (2024) Kapica, Paula Weronika
    The main purpose of the dissertation is to present the US right to bear arms provided for by the Second Amendment to the US Constitution from a historical perspective, the evolution of its regulation at the federal level and outline recent trends in both federal and state legislation and jurisprudence, as well as to contrast this right with public opinion and civil and human rights. Chapter one reconstructs federal regulations from the time of the adoption of the Second Amendment to the present by presenting them in the broader context of state regulations, which constitute the bulk of all legal regulation in the United States. Chapter two analyzes the nature of the right protected by the Second Amendment. The basic issue under scrutiny is whether the right to bear arms is an individual right granted to an indi-vidual, or a collective right that can only be exercised through citizen militias and belongs to the states. The third chapter is an analysis of US jurisprudence on the Second Amend-ment, primarily decisions of the Supreme Court and federal courts. The primary issue analyzed was the nature of the right granted by the Second Amendment and the process of its incorporation at the state level. Chapter four presents contemporary regulations re-lating to the right of access to guns at the federal and state levels to show the complexity of regulations and their variation. The fifth chapter presents the latest trends and changes in public opinion regarding the right of access to guns. It discusses American gun culture, the phenomenon of mass shootings and their im-pact on legislative action. Chapter six presents the right to keep and bear arms in a broader international context and attempts to place this right in the human rights grid.