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55 UC Davis L. Rev. 2515 (2021-2022)
The Myth of Open Carry

handle is hein.journals/davlr55 and id is 2545 raw text is: The Myth of Open Carry Mark Anthony Frassetto* TABLE OF CONTENTS IN TRO D U CTIO N ................................................................................. 25 15 I. THE SOUTHERN MODEL OF PUBLIC CARRY REGULATION ........ 2519 II. THE HISTORICAL REALITY OF OPEN CARRY............................. 2525 A. Case Law and Other Primary Legal Sources Acknowledge that Open Carry Was Unusual ........................................ 2526 B. Many Laws Prohibiting Concealed Carry Make Little Sense if Open Carry Was a Viable Option........................ 2529 C. Carrying Weapons in Public, Especially Openly, Was Viewed as a Sign of Social Disorder and Chaos................ 2534 D. When Open Carry Did Occur, It Was Viewed as Bizarre and Newsworthy .............................................................. 2537 E. Carrying Weapons Was Only Deemed Acceptable When a Person Faced a Specific Threat ........................................ 2539 III. THE IMPACT OF A LACK OF OPEN CARRY TRADITION ON SECOND AMENDMENT DOCTRINE ........................................... 2543 INTRODUCTION Since the Supreme Court's 2008 decision in District of Columbia v. Heller, perhaps the most hotly disputed area of Second Amendment law has been the scope of the right outside of the home.' Federal courts across the country have heard Second Amendment challenges to state Copyright © 2022 Mark Anthony Frassetto. Deputy Director Second Amendment History and Scholarship, Everytown for Gun Safety; B.A. Marquette University, J.D. Georgetown University Law Center. The author would like to thank Professor Joseph Blocher, Professor Darrell Miller, Professor Eric Ruben, Professor Jake Charles, Professor Saul Cornell, Janet Carter and Brittany Frassetto for their very helpful comments. The author would also like to thank the staff and editors of the UC Davis Law Review for putting on an excellent symposium and for their tireless work improving this article, all during a pandemic. Any errors or omissions remain my own. The views expressed in this article are solely the author's and do not necessarily represent the views of Everytown for Gun Safety. I District of Columbia v. Heller, 554 U.S. 570, 635 (2008). 2515

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