The Second Amendment and the Basic Right to Transport Firearms for Lawful Purposes

Charleston Law Review, Vol. 13, p. 125 (2018)

49 Pages Posted: 14 May 2019

See all articles by Patrick J. Charles

Patrick J. Charles

Government of the United States of America - Air Force

Date Written: 2018

Abstract

This article addresses the central constitutional issue before the Supreme Court of the United States in New York State Rifle & Pistol Association, Inc. v. City of New York, New York – that is whether the Second Amendment protects a basic right to transport firearms for certain lawful purposes. This article is comprised of three parts. Part I discusses why New York State Rifle & Pistol Association, Inc. v. City of New York, New York should be decided on narrow grounds, particularly if the Supreme Court should adopt a history-in-law approach to adjudicating the case. Part II examines the history of regulating the transportation of firearms and other deadly weapons. Lastly, Part III makes the brief case for striking down New York City’s transportation restriction as unconstitutional per se.

Keywords: Second Amendment, history-in-law, historicism, District of Columbia v. Heller, McDonald v. City of Chicago, New York State Rifle & Pistol Association, Inc. v. City of New York, New York, "bear arms", transport arms, gun rights, gun control

Suggested Citation

Charles, Patrick J., The Second Amendment and the Basic Right to Transport Firearms for Lawful Purposes (2018). Charleston Law Review, Vol. 13, p. 125 (2018), Available at SSRN: https://ssrn.com/abstract=3361378

Patrick J. Charles (Contact Author)

Government of the United States of America - Air Force ( email )

Washington, DC
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
95
Abstract Views
695
Rank
509,580
PlumX Metrics