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The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor

Sturm College of Law: Faculty Scholarship

There are sound public policy reasons why gun ownership by law abiding citizens in a free society should be protected. Good public policy, however, cannot be formulated as long as there remain fundamental misconceptions about the meaning and history of the Second Amendment of the U.S. Constitution and the law interpreting it. In August of 1994, an exasperated American Bar Association, finding itself unable to match the Gun Lobby's publicity campaigns, pleaded for help from the legal profession to educate the American public about the meaning of the Second Amendment and the intent of the Constitutional Framers. Specifically, the ABA …