Is the Supreme Court’s ‘Common Use’ Test Really Originalist?

Summary

This article critically examines the Supreme Court's "common use" test, questioning its originalist foundation despite its efficacy in protecting widely owned firearms like AR-15s and standard-capacity magazines. It highlights plaintiff Charles Nichols' argument against the test's reliance on popularity, and discusses its origins in *US v. Miller* (1939) and *Heller* (2008), as the Court prepares to decide *Viramontes v. Cook County* and *Grant v. Higgins* following a June 30, 2026 review grant.