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85 Geo. Wash. L. Rev. 284 (2017)
Concealed Carry through Common Use: Extending Heller's Constitutional Construction

handle is hein.journals/gwlr85 and id is 298 raw text is: 


          Concealed Carry Through Common Use:
      Extending Heller's Constitutional Construction

                            Nicholas Griepsma*


         Since the Supreme Court decided District of Columbia v. Heller in 2008,
    federal courts have disagreed about (1) the proper standard of review for Sec-
    ond Amendment questions, and (2) whether the Amendment confers a consti-
    tutional right to concealed carry a firearm in public. The same common use
    test the Supreme Court used in Heller to define the scope of the term arms
    in the Second Amendment should be applied to the term bear in conferring
    a constitutional right to concealed carry a handgun in public. The new
    originalist distinction between constitutional interpretation and construction
    reveals the methodology used by the majority in Heller to create the common
    use test. Extended to concealed carry, the common use test places this right
    within the categorical scope of the Second Amendment's protection. In adopt-
    ing Heller's categorical standard of review, courts should invalidate state regu-
    lations that ban or functionally prohibit rights falling within the scope of the
    Second Amendment. Applying the common use test to the question of con-
    cealed carry appropriately mirrors Heller's method of constitutional construc-
    tion as opposed to the competing alternative outlet approach.

    * J.D., expected May 2017, The George Washington University Law School; B.A., History
and Political Science, 2006, Biola University. I thank The George Washington Law Review staff
for their invaluable feedback throughout the publication process. Any remaining oversights are
my own. I dedicate this Note to my amazing wife and best friend, Kayti, who has selflessly
supported me in every endeavor.
January 2017 Vol. 85 No. 1

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