The Right to Arm in America before the American Revolution

This comprehensive program examines the legal foundations and practical applications of the right to arms in America prior to the Revolution, designed for attorneys specializing in constitutional law, Second Amendment cases, and historical legal interpretation. Through a detailed analysis of colonial charters, statutes, and common law traditions, participants will explore how American arms rights developed distinctly from their English roots, including mandated arms possession for militia service, requirements for civilian arms-bearing, and the complex regulations governing specific populations in colonial society.

Led by renowned Second Amendment scholar David B. Kopel, whose research has been cited in numerous Supreme Court cases including Heller, McDonald, and Bruen, this program provides an in-depth examination of colonial arms regulations across all thirteen colonies. Attorneys will gain valuable historical context for modern Second Amendment jurisprudence by understanding how colonial Americans viewed the right to arms as both an individual and collective right, evidenced through widespread arms ownership mandates, carry requirements, and the limits placed on disarmament of various groups.

Learning Objectives:

1. Analyze the legal foundations of American arms rights as established in colonial charters, identifying how written guarantees in America predated the 1689 English Bill of Rights and influenced subsequent constitutional development
   Evaluate the scope and requirements of colonial arms possession mandates, including their application to militiamen, female householders, and individuals exempt from militia service
2. Compare and contrast arms regulations across the thirteen colonies, examining how geographic, demographic, and religious factors shaped distinctive regional approaches to arms possession and carry
3. Identify the historical limitations on colonial arms rights, particularly those affecting servants, slaves, religious minorities, and Native Americans, and assess their legal justifications
4. Apply historical colonial precedents to contemporary Second Amendment jurisprudence, recognizing the continuities and distinctions between pre-Revolutionary understanding of arms rights and modern legal interpretations