Administering the Second Amendment: Law, Politics, and Taxonomy

16 Pages Posted: 10 Dec 2010

Date Written: December 9, 2010


This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be approached but not fully resolved under the common use standard. These laws pose challenges of taxonomy n5 that invite embellishment and manipulation of the common use standard.

Suggested Citation

Johnson, Nicholas James, Administering the Second Amendment: Law, Politics, and Taxonomy (December 9, 2010). Santa Clara Law Review, Vol. 50, 2010, Fordham Law Legal Studies Research Paper No. 1722962, Available at SSRN: or

Nicholas James Johnson (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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