About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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: NOTE Concealed Carry Through Common Use: Extending Heller's Constitutional Construction Nicholas Griepsma* ABSTRACT 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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most