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Authors

Jason Racine

Document Type

Article

Media Type

Text

Abstract

This casenote introduces the reader to District of Columbia v. Heller, in which the United States Supreme Court held that the Second Amendment protects an individual right, unconnected to militia duty, to keep and bear arms, thus finally answering the interpretive question of what the meaning of the Second Amendment truly is. After providing a thorough discussion of the majority's opinion, an analysis of both the historical nature and limited scope of Heller is provided. Next, the note argues that a workable analytical framework can be extracted from the Court's opinion by examining the fine print within the language and reasoning. Specifically, it will be asserted that from the Court's language and reasoning, a workable three-step test can be extracted: first, asking whether a Second Amendment challenge is being brought by an individual afforded constitutional protection; second, asking whether the challenge involves a weapon afforded constitutional protection; and third, evaluating the challenged law under a locality scheme called the HPS Test. Finally, the note will implement the proposed three-step test to conceal carry and licensing laws, which were two issues the Court did not fully address in Heller.

First Page

605

Last Page

643

Publication Date

7-1-2009

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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