Requirement of firearms possession
SLevinson at MAIL.LAW.UTEXAS.EDU
Tue Aug 22 16:06:58 PDT 2000
I think that the Militia Act, which is interesting for all sorts of reasons
(including the limitation to "free able-boded white male citizen[s]," which
Taney made much of in Dred Scott, is a model example of the problem posed
by inferring general behavior ("law in action") from laws on the books.
There's no doubt that the Act existed and was thought to be important. But
it is unclear what one can really say beyond that as to the actual
incidence of compliance with the act, including "provid[ing onself] with a
good musket or firelock."
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