History of right to carry, Amicus brief on in Wrenn v. DC

[nycnoob]

The Volokh Conspiracy Has another fascinating Amicus brief on the history of the right to carry.


Here is the highlight:

In the colonial period, and in the first 37 years of independence, there were no restrictions on concealed carry. Several states enacted concealed carry bans thereafter, but of course these did not limit open carry. Moreover, our first “four Presidents openly carried firearms.” The notion that they, or anyone else, thought Americans were prohibited from doing so by a 1328 English statute is implausible.

Amicus brief on history of right to carry, in Wrenn v. DC

https://www.washingtonpost.com/news/...in-wrenn-v-dc/

[voodoo_man]

Sweet link

[RoyGBiv]

1328? Somebody's gonna make the argument at SCOTUS that something relevant was happening in 1328 that has sway in how our 2A was written ~450 years later?

I'm sure that's awesome, but I'm not sure why.

[nycnoob]

1328? Somebody's gonna make the argument at SCOTUS that something relevant was happening in 1328 that has sway in how our 2A was written ~450 years later?

I'm sure that's awesome, but I'm not sure why.

The Volokh Conspiracy is a blog (now part of WashingtonPost) about legal issues written by some influential legal professors.
It tends to have a libertarian bent. These are the professors who first started doing research into the history of the second
amendment: Where did it come from? What was the common understanding of it? They are taken very seriously by the legal
profession. Even they were surprised about what they found.

Why is this important, because if we have a "right to bear arms" then it would be useful to know what that right actually was
taken to mean.

Even in District of Columbia v. Heller 554 U.S. 570 (2008)
much attention is payed to precedent and in particular to what Eugene Volokh had to say about it. Search for Volokh
in this document I see thee references to his work: "The Commonplace Second Amendment", “Necessary to the Security
of a Free State", "State Constitutional Rights to Keep and Bear Arms"


The JPFO used to do much research into the history of the second amendment, they have a page of Volokh's work
Sources on the Second Amendment and Rights to Keep and Bear Arms in State Constitutions
Remember the Bill of Rights was drafted by unifying the rights found in all the states constitutions. Thus what the
states constitutions actually said is of relevance to the interpretation of the second amendment as it was derived
there from. Which is why it is puzzling that anyone would think that the second amendment was a "collective"
right as a collective right would have no meaning in a state constitution.

[nycnoob]

I'm sure that's awesome, but I'm not sure why.

Oh, I see,

You are from a free state.

Some of us are still hoping that the courts may force our government to recognize our rights so we follow this stuff closely.

[Tamara]

Oh, I see,

You are from a free state.

Close. Texas.

[tmoore912]

This is big!

Alan Gura‏ @alangura

D.C. Circuit denies en banc petition in Wrenn v. D.C.! On to #SCOTUS ? #AppellateTwitter

2:57 PM - 28 Sep 2017

[OlongJohnson]

Here's the document:

http://freebeacon.com/wp-content/upl...9/Document.pdf

[Duelist]

This is big!

What does that mean? (Says the not lawyer)

[45dotACP]

What does that mean? (Says the not lawyer)

Well...en banc means the whole Circuit Court needs to review it...

If it's denied, that means D.C. essentially must give the citizenry a shall issue carry permit system if I'm understanding this correctly.

Sent from my XT1585 using Tapatalk