The Privilege to Keep and Bear Arms

The Second Amendment and Its Interpretation

The Privilege to Keep and Bear Arms cover

The Privilege to Keep and Bear Arms

The Second Amendment and Its Interpretation

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Description

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police power of the states and the federal government. This is followed by an analysis of federal and state legislation dealing with gun control. Freedman advances an intriguing idea: civil liability on the part of gun manufacturers, gun distributors, and dealers in firearms and guns. What happens when the victim decides to sue a person or persons other than the actual assailant? His theory of negligent entrustment provides a basis for suit by the victim of a gun assault, just as products liability law and dram shop acts take over.

Whether the reader agrees or disagrees with Freedman's analysis and conclusions, his book is essential reading for anyone concerned with this politically volatile issue.

Table of Contents

Preface
The Political and the Economic Elements of Firearm and Gun Control
Terminology and Meaning of the Second Amendment
Historical Perspective on Keeping and Bearing Arms
The Courts and the Second Amendment
Limitations on the Privilege to Keep and Bear Arms
Firearm and Gun Control Legislation
Civil Liability for Manufacturers, Distributors, and Dealers of Firearms and Guns
Where Do We Go From Here?
Bibliography
Appendix
Indexes

Product details

Published Aug 22 1989
Format Hardback
Edition 1st
Extent 152
ISBN 9780899304113
Imprint Praeger
Dimensions 210 x 140 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Warren Freedman

WARREN FREEDMAN, a member of the New York, Federal…

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