Credit: topseller/Shutterstock As SCOTUS Takes on Gun Laws: Neither British Nor Early American History Support the Nearly Unfettered Right to Carry Arms
Since the American Revolution the lethality of firearms has increased dramatically. Easily concealed handguns also became cheaper and more widely available. While Second Amendment proponents frequently stress constitutional legacy, the Supreme Court should pay close attention to the historical evidence, separating historical reality from gun rights fantasies about the past.
November 02, 2021 at 07:00 AM
6 minute read
Expert Columns
History plays a prominent role in the briefs on both sides of the New York gun case New York State Rifle & Pistol Association v. Bruen. Curiously, much of the discussion focuses on medieval English history and the laws and regulations governing armed travel in public from the pre-Civil War era. Few of the briefs discuss the period most relevant to understanding the connections between the Second and the 14th amendments: reconstruction. For challenges to state laws, it is the period around the adoption of the 14th Amendment, the Reconstruction Era, that is most relevant to evaluating the role of history in Second Amendment cases. There are three important facts about this era that the justices need to take cognizance of when deciding this case.
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