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UC Law Journal

Kshitij Mehta

Abstract

In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court expanded the right to carry firearms, specifically handguns, outside the home. Due to the Court’s conservative rulings, combined with lax and open firearm regulatory regimes in several jurisdictions, gun violence continues to create catastrophic consequences in communities across the country. At the same time, law enforcement agencies already struggle to maintain public safety and public trust under current policing systems. With the rise of firearms in the streets, law enforcement will likely resort to, and double down on, their current use of stop and frisk under Terry v. Ohio. But questions linger. When the right to carry is a fundamental right, what can truly be done when an officer deems a civilian with a firearm poses a security risk? Can carrying a firearm truly be considered “probable cause” under the Fourth Amendment? This Note surveys firearm regulations and Second Amendment jurisprudence to paint a clear picture as to what public firearm possession now looks like. This Note then addresses where courts have stood when Fourth Amendment searches have collided with Second Amendment possession principles. Finally, this Note discusses the case law solutions that can be expected, and whether those solutions may ameliorate, or increase, public mistrust in law enforcement.

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