Ready to dive deeply into English legal history? Not getting enough dust in your diet?
Abstract: The phrase “dangerous or unusual weapons” has long been used by American courts to justify prohibiting possession or carrying of particular classes of weapons. Examination of the history of this phrase shows it was neither as ancient nor as broadly prohibitive as many assume. Analogies to First Amendment case law suggest that the authority of the government may be more limited than D.C. v. Heller (2008) indicates.
Good article. See my post about possession of heavy weapons including cannon, which were clearly permitted at the time of the Constitution's adoption,
ReplyDeletehttp://www.brettschulte.net/CWBlog/2012/08/06/was-justice-scalia-wrong-about-citizen-militias-having-cannon-under-the-second-amendment/