This article first recontextualizes the Second Amendment debate by examining the two main interpretations of militia clause of the amendment. First, this article examines the two main interpretations of the amendment while pushing the historical lens back to an examination of English law and society. Then, this article surveys the jurisprudence and the interpretation of the right to bear arms throughout American history. This article also addresses the rise of the academic debate and significant legal scholarship. Public Safety concludes with a look at then current and future cases and a call for the expansion of boundaries of the Second Amendment debate in respect to public safety and right to bear arms.
GW Paper Series
GWU Law School Public Law Research Paper No. 2019-33; GWU Legal Studies Research Paper No. 2019-33
Cottrol, Robert J. and Diamond, Raymond T., Public Safety and the Right to Bear Arms (2008). Robert J. Cottrol & Raymond T. Diamond, Public Safety and the Right to Bear Arms, in THE BILL OF RIGHTS IN MODERN AMERICA 88 (David J. Bodenhamer & James W. Elly, Jr., eds., 2d., 2008). ; GWU Law School Public Law Research Paper No. 2019-33; GWU Legal Studies Research Paper No. 2019-33. Available at SSRN: https://ssrn.com/abstract=3403621