Why Annie Gets to Keep Her Gun: An Analysis of Firearm Exemptions in Bankruptcy Proceedings

For much of U.S. history, the possession of a gun was considered an indispensable part of American life.In describing the importance of firearms, President George Washington said, "[f]irearms stand next in importance to the Constitution itself."'According to Washington, "[t]hey are the American people's liberty teeth and keystone under independence ....From the hour the Pilgrims landed to the present day, events, occurrences, and tendencies prove that to ensure peace, security, and happiness, the rifle and pistol are equally indispensable."'Today, however, the importance of individual gun ownership is highly debatable 3 and, perhaps surprisingly, has become increasingly problematic for America's bankruptcy courts.The varying beliefs among bankruptcy judges regarding the importance of personal gun ownership have resulted in widely varying rulings concerning the exemption of firearms in bankruptcy proceedings.• 4 Just as the right to own a gun is an issue that has split the nation,