![]() To summarize the information from Chapter 3 of my forthcoming textbook Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Publishers, available in late Jan. ![]() The article suffers very severely from its near-exclusive reliance on secondary sources for the pre-1800 period, especially since some of those sources are highly tendentious. Although the author is apparently unaware that by 1661 (Connecticut) and 1688 (Massachusetts) the laws were changed to allow gun sales (and even gun carrying in towns) by friendly Indians. Note 125, accurately cites standard statutory compilations from Massachusetts and Connecticut for laws against selling firearms to Indians. I just scanned the article, and there appears to be only a single footnote which directly cites any state statutes from before 1800. article, “The People” of the Second Amendment: Citizenship and the Right To Bear Arms. Regarding Eugene Volokh’s post below about an NYU L. By David Kopel on Decem2:23 am in Constitutional History, Election Law, Guns, History, Militia, Political Ignorance, Religion and the Law, Right to carry
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