Control de armas en el nuevo federalismo americano

Abstract

This paper analyses the main constitutional dimensions of gun possession in the United States of America: individual rights and freedoms, public safety and the distribution of powers between the Federation and the States. Our study focuses mainly in constitutional history and constitutional case law interpretation, especially in Heller and Lopez cases. We conclude that this case law breaks dramatically with the progressive federalization of competencies developed because of the commercial clause. Furthermore, we see no means for a constitutional development in favor of gun control.