University of Southern California

The New York Safe Act: A Thoughtful Approach to Gun Control, or a Politically Expedient Response to the Public's Fear of the Mentally Ill?

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Postscript (Note) by Matthew Gamsin
January, 2015

88 S. Cal. L. Rev. Postscript 16

This Note will first review the historical development of gun-control laws in the United States, including those referred to by the Supreme Court as “longstanding prohibitions on the possession of firearms by . . . the mentally ill.” It will then analyze the extent to which the SAFE Act differs from such longstanding prohibitions and whether the Act is constitutional. Finally, this Note will consider whether, regardless of its constitutionality, the SAFE Act is an appropriate legislative response to gun violence or whether a recent proposal by a group of national experts on mental illness and gun violence might be more effective and more likely to pass constitutional muster.

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