NCJ Number
40457
Journal
Fordham Urban Law Journal Volume: 5 Issue: 1 Dated: (FALL 1976) Pages: 31-53
Date Published
1976
Length
13 pages
Annotation
UNDERLYING THE SECOND AMENDMENT ARE TWIN GOALS OF INDIVIDUAL AND COLLECTIVE DEFENSE FROM VIOLENCE AND AGGRESSION, GOALS WHICH HAVE BEEN RECOGNIZED BY CONGRESS.
Abstract
THE DEVELOPMENT OF THE RIGHT TO BEAR ARMS IN ENGLISH COMMON LAW THROUGH THE AMERICAN REVOLUTIONARY PERIOD AND TWENTIETH CENTURY CASE LAW IS CITED TO SUPPORT THE CONTENTION THAT EFFORTS TO LIMIT FIREARMS POSSESSION TO THE ORGANIZED MILITIA UNDERMINE THESE GOALS AND THAT THE THEORIES BEHIND SUCH EFFORTS DO NOT STAND THE TEST OF CONSTITUTIONAL HISTORY. IT IS ALSO SUGGESTED THAT THE RECORD-KEEPING AND INSPECTION (REGISTRATION) PROVISIONS OF PRESENT FEDERAL GUN-CONTROL STATUTES ENHANCE THE PROBABILITY OF GOVERNMENT-SPONSORED ARMS CONFISCATION AND USURPATION OF POWER....ELW