A new Working Paper by Chip Welch entitled A Commentary on the Common Use Doctrine is available. Chip holds a J.D. from J.D. from Delaware Law School and is practicing in Delaware. The paper’s abstract reads:
In beginning an analysis on whether AR-15s and other commonly available semi-automatic rifles are afforded constitutional protections, the question is not just if a subcategory of rifles is in common use, but if so, when they came to be in common use. This paper will also address the features that such firearms are permitted to utilize, under America’s historical tradition of firearm regulation. Finally, this paper will address the right to carry said arms for self-defense outside of the home.
