The Illogical “In Common Use” Legal Standard
The Supreme Court’s District of Columbia v. Heller decision in 2008 was a landmark case. While it did confirm our right to keep and bear arms, it stopped short of overturning the plethora of bad laws that it should have. In this essay, I will demonstrate that the logic that the court applied in Heller was significantly flawed. In Heller, while addressing the 1939 Miller v. United States decision, the Supreme Court applied the standard of “the sorts of weapons protected were those ‘in common use at the time.’” Some background: Jack Miller and Frank Layton were small-time crooks that had been …