Justice Stevens’ dissent in Heller begins by acknowledging that the Second Amendment protects an individual right. The rest of the dissent critiques Justice Scalia’s arguments for construing the individual right according to the Standard Model of the Second Amendment. I have not yet studied the Stevens dissent in depth, but on my initial read, I was confused as what exactly is the scope of the individual right that Justice Stevens thinks the Second Amendment does protect?
The Brady Center’s amicus brief did present a coherent description of a very narrow individual right protected by the Second Amendment. For the D.C. brief, in contrast, it was hard to figure out what the D.C. lawyers thought the Second Amendment did mean.
I think that one of the greatest weakness of the alternatives (narrow individual right, collective right, states’ right) to the Standard Model has been that the non-Standard proponents have had a difficult time articulating what their theories mean, and an even more difficult time explaining how their theories might be applied. In my own view, the reason for the weakness of the alternative theories is that they are not really alternative theories at all; they have just been a continuing repackaing of efforts to deny the validity of the Standard Model.
So I encourage commenters who have had the time to study the Stevens dissent carefully to describe the individual right that the Stevens version of the Second Amendment would protect. Further, if the Stevens individual right model were correct, what would be the practical applications of that right?