Part I of this essay tracks the evolution of the common use standard from Miller to post-Bruen lower court decisions. Part II then analyzes the relevance of the common use standard to the Bruen framework. Ultimately, based on the structure of Bruen and the origins of the common use standard, this essay concludes that the common use standard should be considered in Bruen’s second step as a part of the government’s presentment of historical analogues.
Recommended Citation
Jamie G. McWilliams, Second Amendment Principles, 33 Wm. & Mary Bill Rts. J. 1127 (2025).
