The Right to Carry Your Gun Outside: A Snapshot History
Duke University Law School
26 Pages Posted: 21 Sep 2019 Last revised: 25 Sep 2019
Date Written: September 19, 2019
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: Suggested Citation