This paper delves into the implications of the United States Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, specifically focusing on the application of the text, history, and tradition test in Second Amendment cases. Building upon precedents set by District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court has consistently affirmed the “individual rights” theory over the “collective rights” theory regarding the Second Amendment, emphasizing the right to self-defense. This paper explores an originalist interpretation that includes the right to bear arms for purposes beyond self-defense, such as hunting. By examining historical and traditional contexts, it argues that the right to keep and bear arms extends to all lawful activities, reflecting the original intent and practices of American people and the Founding Fathers. This exploration challenges contemporary interpretations and underscores the necessity of adhering to the constitutional protections enshrined in the Second Amendment.
Recommended Citation
Reagan Chapman, Bruen Means Bear; Heller Held Hunt (Firearms Rsch. Ctr., Working Paper No. 2025-3).
