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What gun laws existed when the Second Amendment was ratified?

Ever wondered about the founding fathers' stance on gun regulation? Professor Darrell Miller of Duke Law School recently explored this fascinating topic, shedding light on the status of gun regulations during the founding of the United States and why these ancient laws are critically important today.

In 1791, (when the Second Amendment was ratified), regulation of firearms was largely a matter for the states. Examples of gun laws from the time focused on militia matters, gunpowder storage, and English common law-inspired provisions. One intriguing example is North Carolina's adaptation of the English Statute of Northampton, which prohibited guns at fairs, markets, and in the presence of the government ministers.

These old laws are not just interesting, however, today, the constitutionality of gun regulations hinges on their historical traditions, as established by the New York State Rifle and Pistol Association v. Bruen case. To adapt historical regulations to modern scenarios like crowded sports arenas or airplanes, legal scholars have used an analogy approach, but the debate is far from settled, as courts continue to grapple with the appropriate time frame for analyzing the constitutionality of gun regulations and the level of analogy sufficient to justify regulation.

Darrell Miller is a leading Second Amendment scholar and a professor at Duke Law School. He serves as co-director of the Duke Center for Firearms Law.

► For more information on gun law at the founding as well as some additional resources: https://www.talksonlaw.com/briefs/gun...

► For more legal explainers and interviews with the titans of law, visit http://www.talksonlaw.com

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Gun Laws a the Founding of the United States.
–with Prof. Darrell Miller of Duke Law School

00:00 Introductions
00:30 Gun Law at the Founding of the United States
01:35 Examples: Gun Laws at the Time of the Founding
02.13 The Statute of Northampton (Middle Age Gun Law)
03:00 Gun Laws Absent at the Founding
03:40 Text History Tradition Test