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Disarmed, Disenfranchised, and Disadvantaged: The Individualized Assessment Approach as an Alternative to Kentucky’s Felon Firearm Disability and Other Arbitrary Collateral Sanctions Against the Non-Violent Felon Class

Published by University of Louisville Law Review

by Tara McGuire

INTRODUCTION

There are few steeper divides in modern constitutional debate than the extent of an individual’s right to own a gun. American proponents of gun ownership and use point to the Second Amendment of the United States Constitution to defend the inalienable right of a citizen to own a firearm, as well as to many state constitutions that also grant their citizens the right to bear arms. Firearms are desired by millions across the world for their defensive and offensive functionalities on both personal and national fronts, as well as for their symbolism of social identity, affluence, and even masculinity and rugged individualism. However, the harsh realities of offensive criminal firearm use have arguably made personal firearm ownership more necessary and simultaneously more difficult to support.

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