Back to the Basics: Restoration of Our Right to Keep and Bear Arms through the National Reciprocity Act of 2011

Abstract

This note discusses the evolution of state and federal firearms regulation, specifically the states’ role in the governance of firearms control. The note provides an in-depth analysis of the evolution of Second Amendment jurisprudence. The note will focus on the traditional application of the Second Amendment to state and federal government and will analyze the effects of the Heller and McDonald United States Supreme Court decisions on Second Amendment jurisprudence. Additionally, this note provides a detailed analysis of state concealed weapons permit laws. Currently, the United States is divided into three types of concealed carry laws. This note will attempt to explain the major differences of these state regulatory regimes as well as highlight the number of states that participate in each regime. Further, this note will attempt to explain what effects if any, the decisions of Heller and McDonald may have on concealed carry laws, specifically whether it is constitutional for states to place limitations on the right to carry a firearm. Further, this note will describe the most recent incarnation of a National Reciprocity Act and the current controversy associated with the Act including whether a National Right to Carry Reciprocity Act is a proper exercise of Congress’ Commerce Clause power and whether such Act is constitutional.Finally, this note provides an oversight of the interplay between the Commerce Clause and firearms regulation and will analyze whether a National Right to Carry Reciprocity Act is a proper exercise of Congress’ Commerce Clause power and whether such an Act is constitutional. As a final point, this note will discuss whether a National Reciprocity Act a similar type of legislation is an essential means of protection against state infringement of the individual right to keep and bear arms.