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Gun Control after Heller: Litigating against Regulation

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  • 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.

Suggested Citation

  • Philip J. Cook & Jens Ludwig & Adam Samaha, 2009. "Gun Control after Heller: Litigating against Regulation," NBER Working Papers 15431, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:15431
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    References listed on IDEAS

    as
    1. Philip J. Cook & James A. Leitzel, 2002. "“Smart” Guns: A Technological Fix For Regulating The Secondary Market," Contemporary Economic Policy, Western Economic Association International, vol. 20(1), pages 38-49, January.
    2. Deborah Azrael & Philip J. Cook & Matthew Miller, 2001. "State and Local Prevalence of Firearms Ownership: Measurement, Structure, and Trends," NBER Working Papers 8570, National Bureau of Economic Research, Inc.
    3. Philip J. Cook & Daniel A. Graham, 1977. "The Demand for Insurance and Protection: The Case of Irreplaceable Commodities," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 91(1), pages 143-156.
    4. Viscusi, W Kip & Aldy, Joseph E, 2003. "The Value of a Statistical Life: A Critical Review of Market Estimates throughout the World," Journal of Risk and Uncertainty, Springer, vol. 27(1), pages 5-76, August.
    5. Cook, Philip J. & Ludwig, Jens, 2006. "The social costs of gun ownership," Journal of Public Economics, Elsevier, vol. 90(1-2), pages 379-391, January.
    6. Ludwig, Jens & Cook, Philip J, 2001. "The Benefits of Reducing Gun Violence: Evidence from Contingent-Valuation Survey Data," Journal of Risk and Uncertainty, Springer, vol. 22(3), pages 207-226, May.
    7. Philip J. Cook, 2005. "Underground Gun Markets," Working Papers id:245, eSocialSciences.
    8. Mark Duggan, 2001. "More Guns, More Crime," Journal of Political Economy, University of Chicago Press, vol. 109(5), pages 1086-1114, October.
    9. repec:reg:rpubli:282 is not listed on IDEAS
    10. Lott, John R, Jr & Mustard, David B, 1997. "Crime, Deterrence, and Right-to-Carry Concealed Handguns," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 1-68, January.
    11. Philip J. Cook & Jens Ludwig & David Hemenway, 1997. "The gun debate's new mythical number: How many defensive uses per year?," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 16(3), pages 463-469.
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    Cited by:

    1. McClellan, Chandler & Tekin, Erdal, 2012. "Stand Your Ground Laws and Homicides," IZA Discussion Papers 6705, Institute of Labor Economics (IZA).
    2. Chandler McClellan & Erdal Tekin, 2017. "Stand Your Ground Laws, Homicides, and Injuries," Journal of Human Resources, University of Wisconsin Press, vol. 52(3), pages 621-653.

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    More about this item

    JEL classification:

    • H21 - Public Economics - - Taxation, Subsidies, and Revenue - - - Efficiency; Optimal Taxation
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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