Sunday, July 22, 2012

Individual Right to Bear 1791 Arms

In the shadow of the horrible, yet not shocking, tragedy in Aurora, Colorado, I keep thinking back to my proposal on the topic back in November 2007.

So long as SCOTUS is going to find that the Second Amendment is an individual right to bear arms (not a reaffirmation of the militia right), my view remains that the most workable solution for the demands of our modern society is some rather extreme originalism and federalism — the Second Amendment should protect an individual right to bear as such arms existed at the time of the ratification.

Let the states choose if they want to have gun rights beyond this basic backstop.

November 27, 2007 Sauntering - The Right to Bear Ye Olde Arms