May 19, 2014 Articles

The Courts Examine the Right to Bear Arms Beyond the Home

The issue will remain a hotly debated and litigated question.

By Miko Tempski – May 19, 2014

As most who follow Second Amendment litigation know, the biggest battle before the courts surrounds the limits of the Second Amendment right to carry firearms outside the home. Because of the broad variety of lower-court holdings on the matter, this issue is ripe for review by the U.S. Supreme Court and will likely make landmark case law in the coming months or years.

More specifically, the current battle is primarily focused on the carrying of arms outside the home for self-defense. In the previous landmark cases, District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), the Second Amendment issue was very narrowly drawn and focused on the question of possession and use of a handgun within the home. While those cases may have settled the legal debate over the collective versus individual nature of the Second Amendment right, they did exceptionally little to provide clarity as to what is actually encapsulated within that right. Long gone are the days of arguing about the militia clause, as now the arguments have shifted to what the “right to keep and bear arms” really protects.

Premium Content For:
  • Litigation Section
Join - Now