Malum Prohibitum
Member
- Joined
- Jun 3, 2006
- Messages
- 572
In researching whether the defintion of the word "bear" included the meaning of "carry" in the 1700s, I ran across this interesting quote from the Emerson decision (Fifth Circuit Court of Appeals):
Also revealing is a bill drafted by Thomas Jefferson and proposed to the Virginia legislature by James Madison (the author of the Second Amendment) on October 31, 1785, that would impose penalties upon those who violated hunting laws if they "shall bear a gun out of his [the violator's] inclosed ground, unless whilst performing military duty."
2 The Papers of Thomas Jefferson 443-44 (J.P. Boyd, ed. 1950).
It struck my interest for a reason in addition to the obvious meaning of bear as "carry" - it would appear to have been a proposal to outlaw the carrying of a gun off one's own property.
As it was penned by Thomas Jefferson, and proposed to the Virginia legislature by Madison, this struck me as rather odd.
Does anybody have more of this proposed bill in context? Does the context reveal it to be something other than a ban on carrying guns outside of one's own property? (The reference to hunting laws hints that the context may hold the key).
Did it pass?
Were there similar laws in the 1700s?
While this proposal predates the Second Amendment, I find it strange indeed.
When Thomas Jefferson wrote to his 13 year old nephew, recommending that a gun be the constant companion of his daily walks, was he referring to only within the confines of his own land?
Are there any Clayton Cramer types out there who might enlighten us on this?
Also revealing is a bill drafted by Thomas Jefferson and proposed to the Virginia legislature by James Madison (the author of the Second Amendment) on October 31, 1785, that would impose penalties upon those who violated hunting laws if they "shall bear a gun out of his [the violator's] inclosed ground, unless whilst performing military duty."
2 The Papers of Thomas Jefferson 443-44 (J.P. Boyd, ed. 1950).
It struck my interest for a reason in addition to the obvious meaning of bear as "carry" - it would appear to have been a proposal to outlaw the carrying of a gun off one's own property.
As it was penned by Thomas Jefferson, and proposed to the Virginia legislature by Madison, this struck me as rather odd.
Does anybody have more of this proposed bill in context? Does the context reveal it to be something other than a ban on carrying guns outside of one's own property? (The reference to hunting laws hints that the context may hold the key).
Did it pass?
Were there similar laws in the 1700s?
While this proposal predates the Second Amendment, I find it strange indeed.
When Thomas Jefferson wrote to his 13 year old nephew, recommending that a gun be the constant companion of his daily walks, was he referring to only within the confines of his own land?
Are there any Clayton Cramer types out there who might enlighten us on this?