A new Working Paper by Charles W. Welch IV entitled Heller, History, and Hunting is available. Chip is a graduating 3L at Delaware Law School. The paper’s abstract reads:
It is intuitive that the Second Amendment would protect a right to keep and bear arms for hunting, as hunting remains a lawful purpose for keeping and bearing arms in most of the United States. It is also a traditional lawful purpose for keeping and bearing arms that is deeply rooted in the nation’s history. Looking at provisions of the nation’s historical record, along with the nuances of Supreme Court precedent, this paper proposes that, if an arm is in common use, then the people have a right, protected by the Second Amendment, to keep and bear such an arm for hunting.