An analysis on the right to bear arms

In17 percent of constitutions included a right to bear arms.

An analysis on the right to bear arms

For educational use only. The printed edition remains canonical.

An analysis on the right to bear arms

For citational use please obtain a back issue from William S. The Evolution of a Constitutional Right which may be obtained from www.

Meanwhile let all, and every one Who loves his life, forsake his gun What "arms" are protected under that guarantee? May licenses and registration be require for exercise of a constitutional right per se?

The following analysis seeks to resolve--or at least clarify--these queries. The game violator would have to go back to court for "every such bearing of a gun" to be again bound to his good behavior. At that time, "one species of fire-arms, the pistol[,] [was] never called a gun. Just months before writing the Declaration of Independence, Jefferson kept a Commonplace Book where he copied his favorite passages from legal writers.

A Principal source of errors and injustice, are false ideas of utility. For example, That legislator has false ideas of utility, who considers particular more than general convenience; who had rather command the sentiments of mankind, than excite them, and dares say to reason, "Be thou a slave;" who would sacrifice a thousand real advantages, to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire, for fear of being burnt, and of water, for fear of being drowned; and who knows of no means of preventing evil but by destroying it.

The laws of this nature, are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance?

Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator; and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty?

It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons.

An analysis on the right to bear arms

Before the Revolution, James Iredell, who would be prominent in the struggle to ratify the Constitution and later a Justice of the United States Supreme Court, wrote his mother: Be not afraid of the Pistols you have sent me.

It is a Satisfaction to have the means of Security at hand, if we are in no danger, as I never expect to be. Confide in my prudence and self regard for a proper use of them, and you need have no Apprehension.

The same linguistic usage of the terms "bear" and "arms" prevailed during the period of the adoption of the fourteenth amendment, which was intended to incorporate the second amendment.

Small pistols are carried in the pocket. A prominent Federalist, he wrote the first major pamphlet in support of the Constitution when it was proposed inin which he stated: The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed Both then and now, these arms include firearms, edged weapons, and blunt instruments.

The shotgun is also protected by the second amendment. While it may not be within judicial notice that the short-barreled shotgun is a militia arm protected by the second amendment, [58] such an arm has been factually determined to fall within a state constitution protecting the right of citizens to "keep and bear arms for their common defense.

Smaller pistols have particular utility for smaller people. There has been little scholarship concerning whether certain edged weapons and blunt instruments are "arms" in a constitutional sense.

It is questionable whether "switchblade" knives with the modern convenience of a spring-assisted blade may be banned any more than could modern firearms which no longer rely on a flintlock mechanism. In contrast, explosive devices may be incapable of pinpointing an aggressor, thus harming the innocent as well as the guilty.

No one would seriously argue that citizens must register with the police or obtain a license in order to exercise freely their political or religious beliefs.

Requiring citizens to register or obtain a permit if they object to unreasonable searches and seizures of their persons and homes would clearly infringe their rights. Except where there is limited space in public forums which requires fair allocation, authorities cannot require persons giving speeches and assembling to obtain permission to do so.

To be sure, armed marches in a city, like other assemblies in public places, may be the subject of a license requirement.The Second Amendment of the United States allows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.".

Night of the Grizzly ~ A True Story Of Love And Death In The Wilderness ~ Forword. Some readers may find the following information and examination disturbing.


The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, as part of the Bill of Rights. The Supreme Court has ruled that the right belongs to individuals for self-defense, while also ruling that the right is not unlimited and does .

The Marines’ initial Harvest HAWK plan is to field 3 kits, but the eventual plan is to have 3 roll-on/ roll-off kits per squadron. That would mean about 9 kits by , and 12 kits when the last KCT aerial refueling squadron converts to KCJs after Special Operations Command's ACH/U gunships can lay down withering hails of accurate fire, up to and including mm howitzer shells, in order to support ground troops.

The Marines also wanted heavy aircraft that could support their Leathernecks. To Keep and Bear Arms: The Origins of an Anglo-American Right. Joyce Malcolm illuminates the historical facts underlying the current passionate debate about gun-related violence, the Brady Bill, and the NRA, revealing the original meaning and intentions behind the individual right to "bear arms.".

The Right to Bear Arms: Gunship Kits for America’s Cs