Handgun Prohibition and the Original Meaning of the Second Amendment
52 Pages Posted: 18 Apr 2017
Date Written: April 15, 1983
This article explores the connection between suggested handgun prohibition or confiscation and the Second Amendment by first resolving the controversy between the individual right view and the exclusively states’ rights view. (The states’ rights view is erroneous.) The article then analyzes the history of the amendment’s proposal and ratification, the philosophical and historical background that gave rise to the Founders’ belief in the necessity for an armed populace, and the contemporary understanding of the Second Amendment. The article then considers the amendment’s subsequent judicial interpretations, and the question of its incorporation against the states, before returning to constitutional limitations on the right to keep and bear arms.
Keywords: Second Amendment, original meaning, Constitution, crime, self-defense, war
JEL Classification: k14
Suggested Citation: Suggested Citation