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  • Essay / The Right to Bear Arms, a Constitutional Conflict

    Carrying a firearm was initially represented as a duty in England, until King Alfred converted this duty into a right. In doing so, individuals were permitted to use firearms for two purposes: self-defense and hunting. Over time, “kings chose to entrust arms to their subjects and to modify and supplement the militia as necessary” (Malcolm 3). Individuals were granted the right to bear arms in exchange for participation in the English militia, which consisted of "able-bodied male citizens declared by law to be subject to call for military service" ("Militia"). Additional implementations were then implemented. indeed, one of them being King John's recognition of the right to bear arms in the Magna Carta. This Angevin Charter will end up “becoming a model for the American colonists in their fight against the English monarchy” (Henderson 85). Other reinforcements involve banning society from hunting as well as controlling who can own a gun based on religion or social class. Not only did these constraints apply to individuals, but they also applied to weapons. Monarchs controlled the size, type, quantity, and location of society's weapons. The way in which monarchs managed the rights associated with bearing arms generated immense disagreement within the militias. What followed caused the outbreak of the English Civil War between Parliament and the King; therefore, the British Bill of Rights restored the right to bear arms for Protestants. Meanwhile, in America, “British soldiers fired on unarmed Americans in Boston, causing a surge in revolutionary sentiment” (Henderson, p. 88). This revolutionary conflict between Great Britain and America led to the American War of Independence. It also causes a lot of disagreement and confusion at the direct (the individual), indirect (society) and judicial level (the court). , George. Amendments to the Constitution: a commentary. Baltimore: Johns Hopkins UP, 1995. Print. Cornell, Saul. A Well-Regulated Militia: The Founding Fathers and Origins of Gun Control in America. Oxford: Oxford UP, 2006. Print. « District of Columbia v. Heller | Casebriefs. » Files. Internet. March 05, 2014.Henderson, Harry. Gun control. New York: Facts on File, 2000. Print.Malcolm, Joyce Lee. Keeping and Bearing Arms: The Origins of an Anglo-American Right. Cambridge, MA: Harvard UP, 1994. Print. “SUMMARY OF THE RECENT MCDONALD V. CHICAGO FIREARMS CASE.” » SUMMARY OF THE RECENT MCDONALD V. CHICAGO GUN CASE. Internet. March 04, 2014. "United States v. Emerson | Records." Files. Internet. March 5. 2014.