Barrett and Gorsuch Have to Choose Between Originalism and Expanding Gun Rights

The decision this week of the Supreme Court to hear its first major Second Amendment case in more than a decade is momentous in many ways. Scholars and jurists have been clamoring for years for the court to clarify its landmark, but opaque 2008 decision, District of Columbia v. Heller. The core holding in Heller has not been much disputed in the intervening years. According to Heller, the Second Amendment protects the right of individuals to have a functional handgun in the home for reasons of self-protection. What has not been clear in the 13 years since the decision was rendered is how far outside of the home Heller’s individual rights view of the Amendment extends.

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