Six years ago, in Heller v. District of Columbia, a divided Supreme Court held for the first time that the Second Amendment to the U.S. Constitution protects an individual right to bear arms. This decision called into question the viability of gun-safety regulations across the country, including in high-crime urban areas in which the need to address gun violence is particularly acute. Just this past July, a federal district court judge in DC concluded, “In light of Heller [and its] progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.” It’s not so clear, however, that Supreme Court precedent or the Second Amendment, itself, require the rejection of this and other gun-safety regulations.
In the ACS Issue Brief “The Constitutional Case for Limiting Public Carry,” Professor Lawrence Rosenthal of Chapman University Fowler School of Law examines the Second Amendment’s historical context and concludes that, even accepting an originalist reading that the Constitution protects an individual’s right to bear arms, the drafters of the Second Amendment anticipated the need for and value of gun-safety regulations. Far from proscribing regulation of firearms, the drafters understood that regulation was appropriate, including the types of restrictions on open and concealed public carry that cities throughout the United States have adopted.