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The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.
This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
A former editor at the New York Times examines the war over gun control in America and the rigid and intolerant ideologies that have informed the debate on both sides for more than 50 years. 20,000 first printing.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century. Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar. Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Do you know your constitutional rights well enough to carry a concealed weapon (CCW)?Whether new to firearms, self-defense and home defense, or a seasoned veteran, if you're in the majority, and want to gain a better understanding of concealed carry, so that you are able to stand your ground if you are ever threatened or attacked, then you won't want to miss out on reading this. After all, it is our second amendment right to bear arms, so we owe it to ourselves and our Founding Fathers to understand our rights in full detail. Concealed Carry, Stand Your Ground Laws, and the Second Amendment Right to Bear Arms will teach you everything you need to know about your rights as a proud American citizen and how you can carry without concern. Many are not fully aware of the laws surrounding our rights. Don't worry. We are here to help. The goal of this reading is to arm you with the confidence and knowledge you need to keep you well within your rights to not only conceal carry but to be prepared for almost any situation and scenario when you do. Inside Concealed Carry, Stand Your Ground Laws, and the Second Amendment Right to Bear Arms, discover: A history into the Second amendment law A look into the history of concealed carry across America What to consider when comparing "concealed carry" and "open carry" The importance of standing your ground and better understanding of self-defense The legal considerations of concealed carry How to be a responsible gun owner How to handle a firearm Caring for your firearms properly And much, much more! Isn't it time you learn your second amendment rights to the letter and stop living in fear at home and beyond? I certainly think so! Educate yourself with Concealed Carry, Stand Your Ground Laws, and the Second Amendment Right to Bear Arms, and start living and carrying with confidence.