Historical Justification for Prohibitions

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GEM

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Wyoming Law Review
Wyoming Law Review Volume 20
Number 2 Article 7 2020
The Historical Justification for Prohibiting Dangerous Persons
The Historical Justification for Prohibiting Dangerous Persons from Possessing Arms from Possessing Arms
Joseph G.S. Greenlee

A review of the history for the scholars among us.

Conclusion:

The Heller Court promised a “historical justification” for bans on felons.238 Indeed, there appears to be such a justification for violent felons. Violent and other dangerous persons have historically been banned from keeping arms in several contexts—specifically, persons guilty of committing violent crimes, persons expected to take up arms against the government, persons with violent tendencies, distrusted groups of people, and those of presently unsound mind.2
While many of these bans have been unjust and discriminatory, the purpose was always the same: to disarm those who posed a danger.240
In contrast, there is no historical justification for completely and forever depriving peaceable citizens—even nonviolent felons—of the right to keep and bear arms. Nor is there a historical justification for disarming unvirtuous citizens.241 History shows that the right could be denied only to mitigate threats posed by dangerous persons. Therefore, firearm prohibitions on peaceable citizens contradict the original understanding of the Second Amendment and are thus unconstitutional.
 
The conclusion above is patently obvious, but this bit:
. . . specifically. . . persons expected to take up arms against the government, persons with violent tendencies, distrusted groups of people, and those of presently unsound mind. . .
excludes the most significant group traditionally deprived of arms: people you anticipate oppressing and don't want equipped to resist.

TL : DR: If someone thinks you should be disarmed, either: they believe you will harm them, or they plan to harm you.
 
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