Search

Begin New Search Topic Arms Control and Proliferation Publishing Institution Independent Institute

1. The Right to Bear Arms in the Virginia Constitution and the Second Amendment

Author:
Stephen Halbrook
Publication Date:
06-2017
Content Type:
Research Paper
Institution:
Independent Institute
Abstract:
The right to keep and bear arms in Virginia is guaranteed by both the state and federal constitutions. Article I, section 13, of the Virginia Constitution provides in part: ‘‘That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed . . . .’’ The first clause dates to 1776, while the second clause was not adopted until 1971. The Second Amendment to the United States Constitution was adopted in 1791 and provides: ‘‘A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.’’
Topic:
Arms Control and Proliferation
Political Geography:
America

2. New York’s Not So ‘SAFE’ Act The Second Amendment in an Alice-In-Wonderland World Where Words Have No Meaning

Author:
Stephen Halbrook
Publication Date:
06-2017
Content Type:
Research Paper
Institution:
Independent Institute
Abstract:
Use and manipulation of the pejorative term “assault weapon” is a classic case of “an Alice-in-Wonderland world where words have no meaning.” The Second Amendment provides that “the right of the people to keep and bear Arms, shall not be infringed.” Arms, such as rifles, pistols, and shotguns, do not lose their constitutional protection because the legislature describes them with a derogatory term. Indeed, “no pronouncement of a legislature can forestall attack upon the constitutionality of the prohibition which it enacts by applying opprobrious epithets to the prohibited act . . . .”
Topic:
Arms Control and Proliferation
Political Geography:
America

3. Reality Check: The “Assault Weapon” Fantasy and Second Amendment Jurisprudence

Author:
Stephen Hallbrook
Publication Date:
06-2017
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
From the founding of the Republic until the late twentieth century, rifles and other long guns were not subject to public controversy. At the end of that period, the words “assault weapon” appeared as a derogatory term in efforts to ban semi-automatic rifles. Handguns had previously been the primary target of gun prohibitionists, but the Supreme Court held in District of Columbia v. Heller that handguns are commonly possessed by law-abiding persons for lawful persons and are thus protected by the Second Amendment right to keep and bear arms.
Topic:
Arms Control and Proliferation
Political Geography:
America

4. Armed Resistance to Crime The Prevalence and Nature of Self-Defense with a Gun

Author:
Gary Kleck and Mark Gertz
Publication Date:
06-2016
Content Type:
Research Paper
Institution:
Independent Institute
Abstract:
Crime victims used to be ignored by criminologists. Then, beginning slowly in the 1940s and more rapidly in the 1970s, interest in the victim’s role in crime grew. Yet a tendency to treat the victim as either a passive target of another person’s wrongdoing or as a virtual accomplice of the criminal limited this interest. The concept of the victim precipitated homicide highlighted the possibility that victims were not always blameless and passive targets, but that they sometimes initiated or contributed to the escalation of a violent interaction through their own actions, which they often claimed were defensive.
Topic:
Arms Control and Proliferation and Crime
Political Geography:
America

5. Of Arms, Freedom, and Capitalism What Piers Morgan Does Not Know

Author:
Charles Breiterman
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
Generations of students have been taught that the emergence of Parliament and capitalism in England were caused by factors such as the rise of the bourgeoisie, the rediscovery of ancient Greek democracy and the Roman republic, the Magna Carta, the enclosure movement, the Protestant ethic of accumulation (which may not actually apply to England), and English common law. To these factors should be added: a population of extremely well-armed and trained commoners, reliance upon them by the monarchy for military service, and the willingness of the commoners to stage large-scale and ferocious rebellions. It was highly advisable to secure the consent of the commoners before taxing them. The power of the commoners limited what taxation could be imposed. Limited taxation allowed commoners to accumulate substantial sums of money, a crucial factor in the emergence of capitalism in England as early as the 1400s. The power of the commoners forced elites to accommodate the notion of government for the common good (commonweal), eroded the notion that the aristocrat was superior to the commoner, and strengthened the case for equality of opportunity. The history of England stands for the proposition that contemporary firearms laws should be the most permissive reasonably possible. The article also discusses the need to achieve social change without violence. But this is not possible with many regimes worldwide, and it is naive to think tyranny can’t happen here.
Topic:
Arms Control and Proliferation, Political Theory, and Capitalism
Political Geography:
Global Focus