William & Mary Bill of Rights Journal
Abstract
Constitutional law haunts our efforts to reduce the number of firearm deaths each year. But even with the evolving scope of individual rights, sensible regulation remains possible.
This Article proposes one such regulatory tool. State governments legally can and pragmatically should require firearm sellers to advise their customers of the association between improper gun storage and the risk of accidental death and suicide. Mandatory safe storage advisories implicate two strands of constitutional jurisprudence: the First Amendment’s protection against compelled speech and the Second Amendment’s right to bear arms. While the Supreme Court has strengthened both doctrines in recent years, jurisdictions retain the authority to require gun sellers to post and distribute a storage advisory that is factual and uncontroversial, and that does not curtail the ownership rights of gun purchasers. Moreover, empirical evidence from other contexts suggests that well-designed advisories carry meaningful public health potential, particularly to address the high rate of firearm suicides. Because they are constitutional and likely to be effective, safe storage advisories should be incorporated into a state’s overall strategy to reduce firearm deaths among its population.