The Second Amendment Beyond the Doorstep: Concealed Carry Post-Heller

This Note examines the approaches used by the Second and Seventh Circuits when weighing the constitutionality of concealed carry statutes. Moeller defines and explains the four differing types of concealed carry statutes that have been used in the United States, then tracks the use of those statutes through the country’s history. Next, he considers the precise reasoning of the Second and Seventh Courts and analyzes the Supreme Court’s precedent on the question, particularly in Heller. Additionally, he explores the understanding of the Second Amendment and its connection to concealed carry at the amendment’s ratification before closing with a look at the empirical arguments for and against concealed carry. Finally, Moeller recommends adoption by the Supreme Court of the Second Circuit standard, acknowledging the limited nature of any right to carry a weapon in public and reserving the question of concealed carry to state legislatures.

The full text of this Note is available to download as a PDF.