Public Safety and the Right to Bear Arms

The Bill of Rights in Modern America 3rd ed., eds. James Ely and David Bodenhame, Indiana University Press, 2020 Forthcoming

GWU Legal Studies Research Paper No. 2020-04

GWU Law School Public Law Research Paper No. 2020-04

38 Pages Posted: 24 Jan 2020

See all articles by Robert J. Cottrol

Robert J. Cottrol

The George Washington University

Raymond T. Diamond

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center

Multiple version iconThere are 3 versions of this paper

Date Written: 2020

Abstract

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.

Keywords: Second Amendment, Gun ownership, Militia, English Law, "right to bear arms", Gun control

JEL Classification: K14, K00

Suggested Citation

Cottrol, Robert J. and Diamond, Raymond T., Public Safety and the Right to Bear Arms (2020). The Bill of Rights in Modern America 3rd ed., eds. James Ely and David Bodenhame, Indiana University Press, 2020 Forthcoming , GWU Legal Studies Research Paper No. 2020-04, GWU Law School Public Law Research Paper No. 2020-04, Available at SSRN: https://ssrn.com/abstract=3523974 or http://dx.doi.org/10.2139/ssrn.3523974

Robert J. Cottrol (Contact Author)

The George Washington University ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-5023 (Phone)
Not available (Fax)

Raymond T. Diamond

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center ( email )

440 Law Center Building
Baton Rouge, LA 70803
United States

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