The Right to Carry Your Gun Outside: A Snapshot History

26 Pages Posted: 21 Sep 2019 Last revised: 25 Sep 2019

See all articles by Joyce Lee Malcolm

Joyce Lee Malcolm

George Mason University - Antonin Scalia Law School, Faculty

Date Written: September 19, 2019

Abstract

The right of self-defense is the core of the Second Amendment right to keep and bear arms as the US Supreme Court has affirmed in two landmark decisions. The right does not, and cannot, stop at the domestic doorstep. Nevertheless there are those arguing that somehow the right “to bear arms” is confined to the home. This essay addresses this latest effort to deny the individual right to keep and bear arms that the Court has affirmed. It focuses on the right to carry a gun outside the home, mindful that the right to keep and bear arms, like other rights, included some practical restrictions. In reviewing the history, the crucial time for an understanding of the meaning of the Second Amendment is the point in the evolution of the Anglo-American right when the amendment was drafted and added to the American Bill of Rights.

Keywords: self-defense, Constitution, Supreme Court, firearm, weapon, Heller, militia

JEL Classification: K10, K30

Suggested Citation

Malcolm, Joyce Lee, The Right to Carry Your Gun Outside: A Snapshot History (September 19, 2019). Law and Contemporary Problems, Forthcoming; George Mason Legal Studies Research Paper No. LS 19-18. Available at SSRN: https://ssrn.com/abstract=3456940

Joyce Lee Malcolm (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-9150 (Phone)

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