Of Arms and the Law

Abstract

Of Arms and the Law is a 1974 Chicago-Kent Law Review article which essentially began the modern trend toward recognizing the Second Amendment as an individual, rather than collective, right. It is today mainly of historical interest. It was the first discussion of several significant points, including the fact that in US v. Miller, Miller's attorney filed no brief and did not argue, that Federalist 21 and 46 support an individual rights view, and that the First, Fourth, and Ninth Amendments also use "right of the people" to describe individual rights.

Keywords: Second Amendment, right to arms, right to keep and bear arms

JEL Classification: K-19