摘要：This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical advice on the use of history-in-law moving forward.
关键词：second amendment; history-in-law; armed carriage; weapons; National Rifle Association (NRA); Antonin Scalia; fourteenth amendment; Immunities Clause; Constitution
