Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« 4th Amendment ruling | Main | Home invasion in Great Britain »

Busy on the documentary

Posted by David Hardy · 4 July 2006 12:06 PM

I'm spending the 4th in proper style, doing the video edits necessary to create a second draft of my right to bear arms documentary film. I'm quite pleased with it. The folks appearing in it include Professors Joyce Malcolm, Glenn Harlan Reynolds (Instapundit), Gene Volokh (the Volokh Conspiracy), Randy Barnett, Brannon Denning, Nelson Lund, Daniel Polsby, Joe Olson, Nick Johnson, Gary Kleck... not to mention Steve Halbrook, David Kopel, Clayton Cramer, Don Kates, Sandy Froman. I'm sure I missed a few in there.
General organization:
Intro & how RTBA reawakened as scholarly issue after 1975: 6 minutes
Origins of the English right: 8 minutes
Early colonial laws: 6 min.
Revolution, early state bills of rights: 7 min.
Constitution, ratification battles, drafting of 2nd Amendment: 18 min.
Early commentaries: 9 min.
Analysis of collective rights: 13 min.
Afro-American experience, Dred Scott & the 14th Amendment: 29 min.
Utility of the right -- genocide, self defense, resistance: 22 min.

I do have to move fast (and leave material out) to keep within the target of 2 hours. One amusing thing is that several of the people filmed now look rather unlike their film image. I started on this in early 2003, and we've all aged 3 1/2 years over that span. Some of us have acquired grey hair in the meantime, or lost or added a few pounds.

I think, BTW, that it'll be ready for distribution around early September.

[UPDATE in light of comment--not yet! I'm editing the second draft. After this, I polish it into final. Then I get a fellow who knows a lot more about audio than I do to polish the audio. Then (maybe mid August) I'm ready to get it replicated. I'll be very glad when it's done. It's been 3.5 years of work. Or maybe 30+ years (I published my first law review article on 2A in 1975, while still a law student, and have worked on it ever since. But I'll throw a few teasers in the extended remarks below.]

1. Decades ago I discovered a copy of the Journal of the First Senate. It had long been said that the Senate met in secret in the early Republic, and thus we had no clue as to what it did. But there was a journal kept of motions made and votes taken. It showed there was a motion to add "for the common defense" after the right to keep and bear arms, and it lost on a voice vote.

2. Recently a draft of a bill of rights by Roger Sherman was found among Madison's papers. After Madison introduced his BoR, it was referred to a three man committee that included Sherman and Madison. Sherman's draft said nothing about the right of the people, but did have a state's right over the militia -- states shall have governance of the militia when not in actual federal service. It apparently was rejected by the House committee.

3. This is more widely known -- in its infamous Dred Scott decision, the Supremes held that a free black could not be a citizen of a state or of the US. The reasoning was that if they were regarded as citizens, they would have the right to free speech and assembly, and "to keep and carry arms whereever they went," despite the Slave Codes.

4. In the Congress that drafted the 14th Amendment (ratified 1868), which forbids States to make laws which abridge the "privileges and immunities" of US citizens, the right to arms was a major issue, because the former Confederate states were disarming blacks. One Representative read in a state law against black gun ownership, then reads in the Second Amendment, and says that he will oppose readmission of the state to the Union until it learns to respect the Second Amendment.

5. Plus a discussion by two former civil rights workers of how they ALWAYS packed guns, and so did everyone else except for a handful of idealistic students who thought nonviolence meant letting yourself be killed by Klansmen. Standard drill was that when the Klan ran a vehicle right up behind you and started bumping your bumper after dark, you held your pistol out the window so they could see it. That was their cue to back off and leave you alone.

3 Comments | Leave a comment

Kevin Baker | July 4, 2006 4:01 PM | Reply

How much and where to I send my order?

Lee H | July 4, 2006 8:09 PM | Reply

Me too. Put me on the 'to buy' email list.

David McCleary | July 5, 2006 10:36 AM | Reply

Great stuff Dave. I need to get sites or copies of your "discoveries".

Leave a comment