Author: Clayton E. Cramer
Publisher: Bloomsbury Publishing USA
ISBN: 0313388458
Category : History
Languages : en
Pages : 192

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Book Description
Cramer's work examines the motivations and legislative history behind the nation's first laws regulating the carrying of concealed deadly weapons and establishes a previously unexplored link between these laws and efforts to suppress dueling in the southern back country. Earlier attempts to analyze these laws focused upon efforts to maintain slavery by severely restricting the rights of free blacks: if free blacks could not possess arms and lacked other basic rights, slaves would be less inclined to seek their freedom. Cramer rejects such thinking by demonstrating that the concealed weapon laws of the early republic were not racially-motivated. He further supports the work of other scholars who have lately examined the role of Scots-Irish immigrants in creating a distinctive southern back-country culture of honor violence including dueling and brawling. It was the attempt to control such violence, Cramer argues, that led to the concealed weapons laws. Thus, rather than considering gun control laws primarily as legal or constitutional history, this study starts from a cultural and historical viewpoint. Southern state legislatures sought to improve the morals of their back-country population through increasingly severe punishments for dueling. When judges and juries regularly refused to convict duelists, these legislatures created extrajudicial punishments by requiring elected and appointed officials, as well as lawyers, to swear oaths of non-participation in dueling. Young men, obsessed with honor and reluctant to perjure themselves for fear of damaging their public reputation, soon took to carrying Bowie knives and handguns with which to kill those who insulted them—a perfectly honorable action to much of the population. The state legislatures then severely regulated carrying of concealed deadly weapons in the hope of suppressing the bloody results of what had been, until then, an accepted practice.

Author: Clayton E. Cramer
Publisher: Praeger
ISBN:
Category : History
Languages : en
Pages : 202

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Book Description
Cramer's work examines the motivations and legislative history behind the nation's first laws regulating the carrying of concealed deadly weapons and establishes a previously unexplored link between these laws and efforts to suppress dueling in the southern back country. Earlier attempts to analyze these laws focused upon efforts to maintain slavery by severely restricting the rights of free blacks: if free blacks could not possess arms and lacked other basic rights, slaves would be less inclined to seek their freedom. Cramer rejects such thinking by demonstrating that the concealed weapon laws of the early republic were not racially-motivated. He further supports the work of other scholars who have lately examined the role of Scots-Irish immigrants in creating a distinctive southern back-country culture of honor violence including dueling and brawling. It was the attempt to control such violence, Cramer argues, that led to the concealed weapons laws. Thus, rather than considering gun control laws primarily as legal or constitutional history, this study starts from a cultural and historical viewpoint. Southern state legislatures sought to improve the morals of their back-country population through increasingly severe punishments for dueling. When judges and juries regularly refused to convict duelists, these legislatures created extrajudicial punishments by requiring elected and appointed officials, as well as lawyers, to swear oaths of non-participation in dueling. Young men, obsessed with honor and reluctant to perjure themselves for fear of damaging their public reputation, soon took to carrying Bowie knives and handguns with which to kill those who insulted them—a perfectly honorable action to much of the population. The state legislatures then severely regulated carrying of concealed deadly weapons in the hope of suppressing the bloody results of what had been, until then, an accepted practice.

Author: Michael A. Bellesiles
Publisher:
ISBN:
Category : Firearms ownership
Languages : en
Pages : 604

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Book Description

Author: Spencer C. Tucker
Publisher: Bloomsbury Publishing USA
ISBN: 1598841572
Category : History
Languages : en
Pages : 1134

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Book Description
Relatively little attention has been paid to American military history between 1783 and 1812—arguably the most formative years of the United States. This encyclopedia fills the void in existing literature and provides greater understanding of how the nation evolved during this era. This encyclopedia offers a comprehensive examination of U.S. military history from the beginning of the republic in 1783 up to the eve of war with Great Britain in 1812. It enables a detailed study of the Early Republic, during which ideological and political divisions occurred over the fledgling U.S. military. The entries cover all the important battles, key individuals, weapons, Indian nations, and treaties, as well as numerous social, political, cultural, and economic developments during this period. The contents of the work will enable readers at the high school, college, university, and even graduate level to comprehend how political parties emerged, and how ideological differences over the organization, size, and use of the military developed. Larger global developments, including Anglo-American and Franco-American interactions, relations between Middle Eastern states and the United States, and relations and warfare between the U.S. government and various Indian nations are also detailed. The extensive and detailed bibliographies will be immensely helpful to learners at all levels.

Author: Nicholas J. Johnson
Publisher: Aspen Publishing
ISBN: 1543826822
Category : Law
Languages : en
Pages : 1470

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Book Description
The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger.Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms

Author: Jonathan Obert
Publisher: Oxford University Press
ISBN: 0190842938
Category : Political Science
Languages : en
Pages : 233

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Book Description
Guns have never been as prevalent in American culture as they are at this moment. Most contemporary conversations on guns either highlight the gun as just a tool used in mass killings or a right to be fiercely defended; eventually, whatever progress these debates foster in the public conversation tend to halt altogether once the old cliché, "guns don't kill people; people kill people" is trotted out. These gun control and gun violence discussions take the gun as passive object, ignoring the changing effects, and the very agency, that guns may deploy as politicized objects. What happens if we reset the conversation and admit that guns, and not the people behind them, kill people? The Lives of Guns offers a new and compelling way of thinking about the role of the gun in our social and political lives. In gathering ideas from law, science studies, sociology, and politics, each chapter turns the stale, standard gun conversations around by investigating the gun as an object with agency. In approaching guns from a technological perspective, down to the very science of how they are created and how they fire, The Lives of Guns takes up a number of questions, such as: How does the presence of these objects shape civic ideology? What does it mean to develop and care for gun and gun accessories technology? What do guns mean to those who build them versus those who fight for-and against-them? What could happen when drone technology meets gun technology? In bringing together fresh perspectives from leading lawyers, political scientists, and historians, The Lives of Guns promises to move the gun debate forward by opening up new ways of thinking about these issues and broadening the scope of these perennial debates.

Author: Saul Cornell
Publisher: Oxford University Press
ISBN: 0199712441
Category : History
Languages : en
Pages : 289

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Book Description
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.

Author: Adam Winkler
Publisher: W. W. Norton & Company
ISBN: 0393077411
Category : History
Languages : en
Pages : 393

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Book Description
"Gunfight" promises to be a seminal work in its examination of America's four-centuries-long political battle over gun control and the right to bear arms. Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative.

Author: Gerry Souter
Publisher: Potomac Books, Inc.
ISBN: 1597976903
Category : History
Languages : en
Pages : 293

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Book Description
Gun ownership has long been a hot-button topic in the United States, and the National Rifle Association has the reputation of being an organization of primarily politically conservative members. American Shooter provides a unique look at gun ownership, handgun bans, shooting sports, and the controversy over how to interpret the Second Amendment from the point of view of a liberal gun owner and enthusiast. Gerry Souter examines the history of firearms in the United States, from the settlers who carried matchlock muskets ashore at Jamestown to the citizens who purchase guns in record numbers today. Recent Supreme Court decisions that uphold the right to bear arms have galvanized citizens on both sides of the debate, making the gun issue hotter than ever. To provide a personal view, Souter weaves in tales of his own experiences with guns, including sport shooting as a young man, hunting and bonding with his father, and facing the smoking end of a muzzle as an international photojournalist. American Shooter is both a history and a personal journey that traces the path of American gun ownership culture from the Revolution to today. It recounts how the country has lived with guns from the flintlock hung over the fireplace to the concealed-carry, laser-sighted Glock semiautomatic pistol tucked away in the hidden pocket of a mom’s purse.

Author: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1108648274
Category : Law
Languages : en
Pages : 217

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Book Description
The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.