The Tradition of Armor Use and Regulation in America

Abstract

This Article describes the historical use and regulation of armor in America. The Article also explains how that history fits within the Supreme Court’s test for Second Amendment challenges.

The Article starts in Part I, like the Court’s test, with an analysis of the Second Amendment’s plain text to determine whether armor is among the “Arms” protected by the Amendment.

Keeping with the Court’s test, the remainder of the Article focuses on tradition. Part II examines the tradition of keeping and bearing armor in America. Section A discusses the dependency on armor of the early European expeditioners who explored America from Christoper Columbus through the end of the 16th century. Section B surveys the use of armor in the American colonies throughout the 17th century. Section C explains the diminished but continued role of armor in America during the 18th century, including during the French and Indian War and Revolutionary War. Section D demonstrates that armor was sometimes used during the 19th century, including by both Union and Confederate soldiers in the Civil War.

Part III examines the tradition of armor regulation in America. It addresses the lack of historical regulations and considers whether other aspects of the Court’s test can potentially justify modern regulations.

In conclusion, the Article notes the deeply rooted tradition of keeping and wearing armor in America and finds that throughout American history, whenever the usefulness of armor outweighed the burden of wearing it, armor was used. That tradition, combined with the lack of historical restrictions, evinces a robust right to possess and wear body armor for self-defense.