Document Type


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Santa Clara Law Review

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McDonald, Right to Arms, District of Columbia v. Heller, Common Use Standard, Firearm Regulation


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.