NCJ Number
96214
Date Published
1985
Length
279 pages
Annotation
This text presents the argument, based upon philosophy, history, and legal precedent, that American citizens' right to possess arms is as fundamental to democracy as their freedom of speech.
Abstract
Western philosophical thought, ranging from ancient Greece and Rome to 18th century France and England, is probed for its influence on the debate waged by America's founding fathers over the 2nd amendment right to keep and bear arms. Key events in American history whose outcomes have rested on the individual's right to a privately owned weapon are considered. The American Revolution, for example, was fought as a protest against standing armies; moreover, it was fought largely with a civilian militia. Attention is also focused on antebellum interpretations of the second amendment, with emphasis on the views that the guarantee of the right to bear arms was limited to citizens rather than to all the people and that the second amendment did not apply to States. The perceived status of the right to keep and bear arms by the abolitionist-influenced framers of the 14th amendment is addressed through an analysis of the congressional debates on the amendment and on the Civil Rights Act of 1866. Finally, State and Federal judicial decisions involving the nature of the right to keep and bear arms are examined, as are related Supreme Court decisions. That the Bill of Rights entitles Americans to keep and bear arms without State or national infringement is emphasized. Case notes, a case index, and a subject index are included.