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In Defense Of Security, Liberty And Property: The English Origins Of An Individual Right To Bear Arms, Allan I. Morris

Seton Hall University Dissertations and Theses (ETDs)

Does the Second Amendment to the U.S. Constitution provide for an individual or collective right to bear arms? My thesis addresses this question by examining the development of seventeenth and eighteenth-century English common law and political and legal philosophy to support an individual right to bear arms and demonstrates how the founding fathers were greatly influenced by this English precedent.

As the records of the Boston Massacre trials demonstrate, the English common law and natural rights theory firmly established a fundamental right of self-preservation, which under the exigencies of the situation might be exercised through the use of firearms. During …