Noah Feldman, Columnist

Why Gun Rights Keep Expanding

"The Second Amendment is on its way to joining the First Amendment in a special, preferred position among the panoply of constitutional rights."

May 17, 2016 at 3:59 PM UTC

By Noah Feldman

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

Well regulated.
Photographer: TIM SLOAN/AFP/Getty Images

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There’s a quiet revolution going on in the constitutional law of guns. Since the Supreme Court declared gun ownership a fundamental right less than a decade ago, the lower courts have been expanding upon that landmark ruling.

Now they've added heightened constitutional protection for gun sellers, including potential exemption from zoning laws. It’s as though the Second Amendment1463500580422 is on its way to joining the First Amendment1463500643539 in a special, preferred position among the panoply of constitutional rights.