October 16, 2017
LIBERTY, NOT FREEDOM:
Five types of gun laws the Founding Fathers loved (Saul Cornell, 10/15/17, The Conversation)
The framers and adopters of the Second Amendment were generally ardent supporters of the idea of well-regulated liberty. Without strong governments and effective laws, they believed, liberty inevitably degenerated into licentiousness and eventually anarchy. Diligent students of history, particularly Roman history, the Federalists who wrote the Constitution realized that tyranny more often resulted from anarchy, not strong government.I have been researching and writing about the history of gun regulation and the Second Amendment for the past two decades. When I began this research, most people assumed that regulation was a relatively recent phenomenon, something associated with the rise of big government in the modern era. Actually, while the founding generation certainly esteemed the idea of an armed population, they were also ardent supporters of gun regulations.Consider these five categories of gun laws that the Founders endorsed.#1: RegistrationToday American gun rights advocates typically oppose any form of registration - even though such schemes are common in every other industrial democracy - and typically argue that registration violates the Second Amendment. This claim is also hard to square with the history of the nation's founding. All of the colonies - apart from Quaker-dominated Pennsylvania, the one colony in which religious pacifists blocked the creation of a militia - enrolled local citizens, white men between the ages of 16-60 in state-regulated militias. The colonies and then the newly independent states kept track of these privately owned weapons required for militia service. Men could be fined if they reported to a muster without a well-maintained weapon in working condition.#2: Public carryThe modern gun rights movement has aggressively pursued the goal of expanding the right to carry firearms in public.The American colonies inherited a variety of restrictions that evolved under English Common Law. In 18th-century England, armed travel was limited to a few well-defined occasions such as assisting justices of the peace and constables. Members of the upper classes also had a limited exception to travel with arms. Concealable weapons such as handguns were subject to even more stringent restrictions. The city of London banned public carry of these weapons entirely.
Posted by Orrin Judd at October 16, 2017 7:06 PM
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