Gun Laws at the Founding 💥

What gun laws existed when the Second Amendment was ratified?
Ever wondered about the founding fathers' stance on gun regulation? Professor Darrell Miller of Duke Law School recently explored this fascinating topic, shedding light on the status of gun regulations during the founding of the United States and why these ancient laws are critically important today.
In 1791, (when the Second Amendment was ratified), regulation of firearms was largely a matter for the states. Examples of gun laws from the time focused on militia matters, gunpowder storage, and English common law-inspired provisions. One intriguing example is North Carolina's adaptation of the English Statute of Northampton, which prohibited guns at fairs, markets, and in the presence of the government ministers.
These old laws are not just interesting, however, today, the constitutionality of gun regulations hinges on their historical traditions, as established by the New York State Rifle and Pistol Association v. Bruen case. To adapt historical regulations to modern scenarios like crowded sports arenas or airplanes, legal scholars have used an analogy approach, but the debate is far from settled, as courts continue to grapple with the appropriate time frame for analyzing the constitutionality of gun regulations and the level of analogy sufficient to justify regulation.
Darrell Miller is a leading Second Amendment scholar and a professor at Duke Law School. He serves as co-director of the Duke Center for Firearms Law.
► For more information on gun law at the founding as well as some additional resources: www.talksonlaw.com/briefs/gun...
► For more legal explainers and interviews with the titans of law, visit www.talksonlaw.com
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Gun Laws a the Founding of the United States.
-with Prof. Darrell Miller of Duke Law School
00:00 Introductions
00:30 Gun Law at the Founding of the United States
01:35 Examples: Gun Laws at the Time of the Founding
02.13 The Statute of Northampton (Middle Age Gun Law)
03:00 Gun Laws Absent at the Founding
03:40 Text History Tradition Test

[@OceanGuy808]

Great stuff.

[@bikesandbruce5664]

You guys are awesome, i really appreciate you taking the time to upload this content

[@bikesandbruce5664]

Ive been looking for a solid video on this subject! ❤

[@Talksonlaw]

Appreciate the support.

[@raymarchetta7551]

the Statute of Northampton-at least as it was understood during the Middle Ages-has little bearing on the Second Amendment adopted in 1791. The Statute of Northampton was enacted nearly 20 years before the Black Death, more than 200 years before the birth of Shakespeare, more than 350 years before the Salem Witch Trials, more than 450 years before the ratification of the Constitution, and nearly 550 years before the adoption of the Fourteenth Amendment. Sir John Knight’s Case, 3 Mod. 117, 87 Eng. Rep. 75, 76 (K. B. 1686). Chief Justice Holt explained that the Statute of Northamp¬ton had “almost gone in desuetudinem,” The Court believes that some historical laws and decisions cannot justify upholding modern regulations because, it says, they were outliers. It explains that just two court decisions or three colonial laws are not enough to satisfy its test. BRUEN

[@ELCLAVE300]

If you couldn't carry a gun to the market in 1791, does this mean that open carry laws would not be protected under Bruen?

[@rkba4923]

3:24 NONE of the "gun" laws that exist today would've existed during the founding period!!! As you guys pointed out early on, the federal government didn't pass a gun law until the early 1900's - The Sullivan Act, 1911 and The National Firearms Act, 1934.