Bruen Context: History of Arms Bans Before 1900

Controversial arms are nothing new in the United States. During the 19th century, there were widespread concerns about criminal use of arms such a Bowie knives, slungshots, blackjacks, and brass knuckles. The full history of state, territorial, and colonial laws about controversial arms is detailed in my recent article for Notre Dame's Journal of Legislation, The History of Bans on Types of Arms Before 1900, coauthored with Joseph Greenlee. ...

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The mainstream American approach to controls of the above arms were: 1. bans on concealed carry; 2. limits on sales to minors, such as requiring parental permission; and 3. extra penalties for misuse in a crime. Sales bans were the minority approach, and possession bans very rare.

Ed Morrissey

Be sure to read on, because the history detailed by Kopel is rather interesting. The Supreme Courts of the mid-19th century appeared to treat the Second Amendment as a clear personal right, what we would now call an "incorporated" right. The Bruen court seems closer to that approach than the activist courts of a century later. However, the history has enough nuance to allow both sides some support in cases of restrictions.

Don't try to read the whole paper, though, unless you're ready to settle down for a long holiday weekend's reading. 

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