Recently published, in the U.C. Davis Law Review: Symposium — The 2nd Amendment at the Supreme Court: "700 Years Of History" and the Modern Effects of Guns in Public (Vol. 55, No. 5, pp. 2495 to 2730). Here is the list of papers:
- Common Use, Lineage, and Lethality, by Darrell A. H. Miller (Duke University School of Law) & Jennifer Tucker (Wesleyan University)
- The Myth of Open Carry, by Mark Anthony Frassetto (Everytown for Gun Safety)
- The Long Arc of Arms Regulation in Public: From Surety to Permitting, 1328–1928, by Saul Cornell (Fordham University)
- Enforcement of Public Carry Restrictions: Texas as a Case Study, by Brennan Gardner Rivas
- Tribes, Firearm Regulation, and the Public Square, by Ann E. Tweedy (University of South Dakota Knudson School of Law)
Professor Cornell's article is of particular originalist interest. From the introduction (footnotes omitted):
Following Heller’s instruction to look to history for guidance in evaluating the scope of permissible regulation under the Second Amendment, recent scholarship has uncovered a previously hidden history of arms regulation in the Anglo-American legal tradition. Much of this material was largely unavailable to the Heller court because the sources were difficult to identify, search, and collect. The creation of powerful searchable digital “virtual” archives has transformed this once moribund sub-field of legal scholarship and facilitated a more sophisticated understanding of the scope of gun regulation under Anglo-American law.
…
… The law at issue in [NYSRPA v. Bruen. currently pending at the Supreme Court], a good cause permit scheme, builds on a tradition of arms regulation stretching back centuries in Anglo-American law. Indeed, permit schemes similar in scope to New York’s permit law first emerged in the era of the Fourteenth Amendment. Such laws were part of a post-Civil War constitutional transformation in the meaning of the right to bear arms that swept across the nation. This reformulation of the right to bear arms in terms of a “right to regulate” in turn triggered an enormous expansion in both the number and types of gun laws passed by states and localities. There was broad agreement among courts, and constitutional commentators in the era of the Fourteenth Amendment that these new laws were consistent with both the Second Amendment and various state arms bearing provisions.
Posted at 6:12 AM