Introduction

In the United States, the debate surrounding gun rights and laws has been a contentious issue for decades. With mass shootings becoming increasingly common, the ease of purchasing guns, including assault rifles, has raised concerns about public safety. Investigative reporter Mike McIntire, author of the book ‘Ricochet: Guns, Greed, and the American Way of Violence,’ sheds light on the National Rifle Association (NRA) and the gun rights movement, revealing how they have broadened the scope of the Second Amendment, socializing kids to appreciate guns, and marketing a new brand of masculinity.

Source: media.npr.org

McIntire’s book explores the history of the Second Amendment, which was initially intended to preserve the ability of citizens to come together in the form of a well-regulated militia in defense of the state. However, the modern-era Supreme Court has created tests to help lower courts navigate the possession and use of firearms, including the ‘common-use test.’

The Common-Use Test

The common-use test, which has been used to determine the legality of gun laws, raises questions about how a jury is supposed to decide what ‘common use’ means. McIntire notes that the federal appeals court in Illinois raised concerns about the test, pointing out that it could lead to circular logic, where the constitutionality of a gun is determined by its popularity.

The test has its roots in the Heller decision in 2008, where the Supreme Court found that the Second Amendment protected an individual right to possess a gun for self-defense. However, the court’s decision has been criticized by constitutional scholars, who argue that the test is not supported by the text or history of the Second Amendment.

The Origins of the Common-Use Test

The common-use test has its origins in the 1939 case of United States v. Miller, where the Supreme Court decided that a sawed-off shotgun was not protected by the Second Amendment because it would not have been useful for a militia. However, the court’s decision was later seized upon by Justice Antonin Scalia, who used it as a basis for the common-use test in the Heller decision.

McIntire notes that the Heller decision has been widely criticized, with some arguing that it was a ‘passing reference’ in a convoluted decision. The test has been used by lower courts to determine the legality of gun laws, but its application has been inconsistent, and it has been criticized for being based on circular logic.

The Future of Guns

So, what would happen if the justices uphold the decision that if a gun is in common use, it’s OK to sell it, and it’s legal to buy it? McIntire notes that it would be a ‘case-by-case basis’ in terms of the type of firearms being discussed. The Heller decision was specifically looking at handguns kept at home for self-defense purposes, and it’s clear that there are a lot of them out there. However, the AR-15 is a different animal, as it’s a relatively new type of firearm that has become popular among gun owners in recent years.

Conclusion

The debate surrounding gun rights and laws in the United States is complex and contentious. The common-use test, which has been used to determine the legality of gun laws, has its roots in the Heller decision, but it has been widely criticized for being based on circular logic. As the Supreme Court prepares to hear a case that could determine the standard for how the legality of gun laws are determined, McIntire’s book provides a valuable insight into the history and motivations behind the gun rights movement.