미국 수정헌법 제2조의 무기소지권과 총기규제

Abstract

On May 24, 2022, an 18-year-old young man fatally shot nineteen students and two teachers, and wounded seventeen other people, at Robb Elementary School in Uvalde, Texas, in the United States. After that, according to a survey, 70% of Americans supports gun control. However, some groups of American people are against the gun control based on their constitutional right, the right to keep and bear arms in the Second Amendment of U.S. Constitution.
 This paper aims at exploring the interpretations on the Second Amendment based on its text and history and the concerned precedents of U.S. Supreme Court, and revealing the legal principles of the judicial review on gun control laws so far concerned with the Second Amendment right.
 To achieve this aim, I will examine the text and the historical background of the Second Amendment, the two opposite interpretations on the Second Amendment, major decisions by the U.S. Supreme Court on the Second Amendment right such as District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010 and analyze and reveal the legal principles of the judicial review on gun control laws so far concerned with the Second Amendment right.