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Opinion
Noah Feldman

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."
Well regulated.

Well regulated.

Photographer: TIM SLOAN/AFP/Getty Images

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