What the Heller is Going on With the Second Amendment: Are Licensing Requirements Living up to the Heller Standard?

Abstract

The full extent and guarantees of the Second Amendment have yet to be understood in light of modern advances in weaponry. Further, there is little Supreme Court precedent to aid in defining the scope of the Second Amendment. With challenges to restrictions on concealed carrying of firearms in public, the Second Amendment requires much clarification. Federal circuit courts are divided on how to apply the Second Amendment to firearm licensing schemes and differ on the interpretation of the Heller decision. This Note provides guidance on understanding the core protection of the Second Amendment and the presumptions left by the Supreme Court’s Heller decision. Additionally, this Note will discuss the traditional understanding of the Second Amendment and whether the scrutiny analysis applies to Second Amendment cases.