Hastings Constitutional Law Quarterly


This Note analyzes the district court decision in United States v. Emerson and compares the two competing theories of the Second Amendment: the states' rights and individual rights theories. The Note constitutionally examines these competing theories historically, textually, doctrinally, prudentially, and structurally. The Note then proposes a level of scrutiny and subsequent test for the government's curtailment of any individual right that may exist in the Second Amendment. It is an effort to define the outer boundaries of the permissible limits which may be placed on gun ownership.