Gun Control After Heller: Litigating Against Regulation

Working Paper: NBER ID: w15431

Authors: Philip J. Cook; Jens Ludwig; Adam Samaha

Abstract: The "core right" established in D.C. vs. Heller (2008) is to keep an operable handgun in the home for self-defense purposes. If the Court extends this right to cover state and local jurisdictions, the result is likely to include the elimination of the most stringent existing regulations - such as Chicago's handgun ban - and could also possibly ban regulations that place substantial restrictions or costs on handgun ownership. We find evidence in support of four conclusions: The effect of Heller may be to increase the prevalence of handgun ownership in jurisdictions that currently have restrictive laws; Given the best evidence on the consequences of increased prevalence of gun ownership, these jurisdictions will experience a greater burden of crime due to more lethal violence and an increased burglary rate; Nonetheless, a regime with greater scope for gun rights is not necessarily inferior - whether restrictive regulations would pass a cost benefit test may depend on whether we accept the Heller viewpoint that there is a legal entitlement to possess a handgun; In any event, the core right defined by Heller leaves room for some regulation that would reduce the negative externalities of gun ownership.

Keywords: Gun Control; Heller Decision; Firearm Regulation; Gun Ownership; Crime

JEL Codes: H21; K14


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
Heller decision (L49)increase in handgun ownership (R21)
increase in handgun ownership (R21)increase in crime rates (K42)
increase in handgun ownership (R21)increase in lethal violence (K42)
increase in handgun ownership (R21)higher burglary rate (K42)
Heller decision (L49)negative externalities (greater burden of crime) (K42)

Back to index