By John J. Donohue

Substantial evidence has documented a powerful “instrumentality” effect: the more lethal the weaponry employed, the greater the likelihood that death will result from any given assault. This finding provides the foundation for the subsequent findings that a variety of measures that restrict the prevalence or limit the permissible types of lethal weaponry can lower the costs of gun violence. The literature has advanced to the point that there is a sufficient empirical basis to call for the elimination of right-to-carry laws, to reestablish bans on assault weapons and high-capacity magazines, to maintain restrictions on youthful access to guns, and to repeal stand-your-ground laws. The Supreme Court’s recent decision expanding the scope of the Second Amendment in New York State Rifle and Pistol Association v. Bruen shows a concerning disinterest in the importance of these empirical findings.

The ANNALS of the American Academy of Political and Social ScienceVolume 704, Issue 1, November 2022, Pages 92-117