DEVIANCE FROM ORIGINALISM...:

The Second Amendment to the Constitution, on which modern-day arguments for widespread gun ownership rest, is one simple sentence: "A well regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed." There's not a lot to go on about what the Framers meant, although in their day, to "bear arms" meant to be part of an organized militia.

As the Tennessee Supreme Court wrote in 1840, "A man in the pursuit of deer, elk, and buffaloes might carry his rifle every day for forty years, and yet it would never be said of him that he had borne arms; much less could it be said that a private citizen bears arms because he has a dirk or pistol concealed under his clothes, or a spear in a cane."

Today's insistence that the Second Amendment gives individuals a broad right to own guns comes from two places.

One is the establishment of the National Rifle Association in New York in 1871, in part to improve the marksmanship skills of American citizens who might be called on to fight in another war, and in part to promote in America the British sport of elite shooting, complete with hefty cash prizes in newly organized tournaments. Just a decade after the Civil War, veterans jumped at the chance to hone their former skills. Rifle clubs sprang up across the nation.

By the 1920s, rifle shooting was a popular American sport. "Riflemen" competed in the Olympics, in colleges, and in local, state, and national tournaments organized by the NRA. Being a good marksman was a source of pride, mentioned in public biographies, like being a good golfer. In 1925, when the secretary of the NRA apparently took money from ammunition and arms manufacturers, the organization tossed him out and sued him.

NRA officers insisted on the right of citizens to own rifles and handguns but worked hard to distinguish between law-abiding citizens who should have access to guns for hunting and target shooting and protection, and criminals and mentally ill people, who should not. In 1931, amid fears of bootlegger gangs, the NRA backed federal legislation to limit concealed weapons; prevent possession by criminals, the mentally ill and children; to require all dealers to be licensed; and to require background checks before delivery. It backed the 1934 National Firearms Act, and parts of the 1968 Gun Control Act, designed to stop what seemed to be America's hurtle toward violence in that turbulent decade.

But in the mid-1970s a faction in the NRA forced the organization away from sports and toward opposing "gun control." It formed a political action committee (PAC) in 1975, and two years later it elected an organization president who abandoned sporting culture and focused instead on "gun rights." [...]

In 1972 the Republican platform had called for gun control to restrict the sale of "cheap handguns," but in 1975, as he geared up to challenge President Gerald R. Ford for the 1976 presidential nomination, Movement Conservative hero Ronald Reagan took a stand against gun control. In 1980, the Republican platform opposed the federal registration of firearms, and the NRA endorsed a presidential candidate--Reagan--for the first time.

Tweet   @brothersjudd