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Law Professor: US Constitution Prevents Gun Grab Like in Canada

Law Professor: US Constitution Prevents Gun Grab Like in Canada

By    |   Tuesday, 31 May 2022 06:30 PM EDT

Law Professor Joseph Blocher of Duke University told Newsweek on Tuesday that there is "no chance either politically or constitutionally" that a handgun ban similar to Canada's could be implemented in the United States.

"This is the phantom menace," Blocher told the outlet regarding expansive firearm bans. "The idea of handgun prohibition is nowhere near the political agenda in the mainstream in the United States — hasn't been for decades."

"The Supreme Court has been clear that the Second Amendment protects the fundamental right to have a handgun in the home for self-defense," he added.

The law professor's statement comes after Canadian Prime Minister Justin Trudeau announced new legislation in his country's parliament that seeks to prohibit the ability to "buy, sell, transfer or import handguns anywhere in Canada."

The proposed Canadian law is in reaction to a series of mass shootings that have hit the U.S. recently, including one that resulted in 10 deaths at a supermarket in Buffalo on May 14 and another at a Texas elementary school on May 24, where 19 children and two teachers died.

Blocher suggested that instead of Canada's approach, the U.S. should consider less extensive gun control measures like background checks and red flag laws.

"So, even if handgun prohibition were politically feasible, the courts will strike it down," he added. "I think the focus should be on what people were really pushing for, which are things like background checks and red flag laws, which don't come anywhere near violating the Second Amendment."

An NPR/PBS NewsHour/Marist poll of 1,200 likely voters conducted in July 2019 showed that 89% of all respondents supported background checks for gun purchases, with the same percentage endorsing an implementation of red flag laws.

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Law Professor Joseph Blocher of Duke University told Newsweek on Tuesday that there is "no chance either politically or constitutionally" that a handgun ban similar to Canada's could be implemented in the United States.
constitution, gun control, trudeau, law
285
2022-30-31
Tuesday, 31 May 2022 06:30 PM
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