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To: robertpaulsen

Not to be argumentative but no lower federal circuit court case until recent years assumed any collective right. That is a recent interpretation. There is a large number of court decisions that assume an individual right right up through the 19th century. There are actually not a lot of court decisions that discuss the right directly because it was always understood as an individual right and society until the 1920s accepted firearms ownership as a normal part of everyday life. An exception includes the famous Dred Scott decision in which it is mentioned that blacks can not be considered full citizens because then they would have full rights including the right to bear arms. Later in the 19th century, laws regulating the concealment of firearms began to crop up. The NFA of 1934 was the first law focused on arms. WW1 had horrified people with the power of advances in military technology, especially aircraft and poison gas although artillery was the real killer. The popular press and movies of the early 1930s portrayed gangsters with machine guns threatening good society and the result was the severe regulation of machine guns. Increasing urbanization of the population and dissociation from traditional hunting and self-reliant lifestyles further distanced Americans from their self-defense rights. The cascade of restrictions really came after the 1960s assassinations of prominent public figures. The collective right argument did not become well known until the 1990s. I wrote a paper reviewing the rulings on personal protection technologies about 7 years ago but the best review of the law was a review published about 3 years ago associated with the Emerson case, I believe. I hope someone finds and posts it.


390 posted on 03/21/2007 7:57:54 PM PDT by iacovatx (Self-defense to the best of one's ability is a fundamental need of any living organism.)
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To: iacovatx
"Not to be argumentative but no lower federal circuit court case until recent years assumed any collective right."

Most of those cases occurred in the 90's, that's correct. But there were others. In Quilici v. Village of Morton Grove, 695 F.2d 261 (7th Cir. 1982), the court said,

"Construing this language according to its plain meaning, it seems clear that the right to bear arms is inextricably connected to the preservation of a militia." ..... "In an attempt to avoid the Miller holding that the right to keep and bear arms exists only as it relates to protecting the public security, appellants argue that ..."

In United States v. Kozerski, 518 F. Supp. 1082 (D.N.H. 1981) the court ruled,

"“the right guaranteed by the Second Amendment is a collective right to bear arms rather than an individual right, and has application only to the right of the state to maintain a militia and not the individual’s right to bear arms."

United States v. Swinton, 521 F.2d 1255, 1259 (10th Cir. 1975), the court said,

"There is no absolute constitutional right of an individual to possess a firearm.”

"There is a large number of court decisions that assume an individual right right up through the 19th century"

What kind of courts? Federal circuit courts?

397 posted on 03/21/2007 9:16:49 PM PDT by robertpaulsen
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