Volume 5 Fall 1993 Number 1 Journal on Firearms and Public Policy The Journal on Firearms and Public Policy is the official publication of the Center for the Study of Firearms and Public Policy of the Second Amendment Foundation. Editor Associate Editors Julianne Versnel Gottlieb John Barnett Women & Guns Magazine Second Amendment Foundation Editorial Assistant Harry J. Mills Kristen Joy Smith Second Amendment Foundation Merril Press Paul Williams Timothy Sekerak, J.D. Citizens Committee for the Right Citizens Committee for the Right to Keep and Bear Arms to Keep and Bear Arms David Bordua, Ph.D. Gary Kleck, Ph.D. David I. Caplan, Ph.D., J.D. Edward F. Leddy, Ph.D. Brendan Furnish, Ph.D. Joseph P. Tartaro Alan M. Gottlieb William Tonso, Ph.D.. Don B. Kates, Jr., J.D. James K. Whisker, Ph.D. JOURNAL POLICY The Second Amendment Foundation sponsors this journal to encourage objective research. The Foundation invites submission of research papers of scholarly quality from a variety of disciplines, regardless of whether their conclusions support the Foundation's positions on controversial issues. Manuscripts should be sent in duplicate to: Center for the Study on Firearms and Public Policy, A Division of the Second Amendment Foundation, 12500 N.E. Tenth Place, Bellevue, Washington 98005. Authors using computers should, if possible, submit on diskette in IBM format. This publication is copyrighted © 1993 by the Second Amendment Foundation. All rights reserved. No part of this publication may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems without written permission except in the case of brief quotations embodied in critical articles and reviews. The Second Amendment Foundation is a non-profit educational foundation dedicated to promoting a better understanding of our Constitutional heritage to privately own and possess firearms. For more information about Foundation activities, write to: Second Amendment Foundation, James Madison Building; 12500 N.E. Tenth Place; Bellevue, Washington 98005. Telephone number is (206)454-7012. Additional copies of this publication may be ordered at $10.00 each. This publication is distributed to academia and the book trade by Merril Press, P.O. Box 1682, Bellevue, Washington 98009. Electronic Edition Published and Distributed with permission of the Second Amendment Foundation By Lektra Press PO Box 1120, Merrimack, NH 03054-1120 info@lektra.com R. Craig Peterson, Publisher (603) 672-8333 in co-operation with Mainstream Electronic Information Services. CONTENTS Articles in this issue of the Journal on Firearms and Public Policy are based on some of the papers presented at a Second Amendment Symposium held at University of Arizona College of Law in commemoration of the Bicentennial of the Bill of Rights. This program was chaired by Sandra S. Froman, Attorney, Snell & Wilmer and Elizabeth Hoffman, Associate Dean and Professor of Economics, Karl Eller Graduate School of Management at the University of Arizona. Funding for the Second Amendment Symposium was provided by a grant from the Second Amendment Foundation, through private donations to the University of Arizona Law College Fund, and by a grant from the Arizona Commission on the Bicentennial of the United States Constitution. Special thanks go to Mrs. Caroline Roberts for her generous support of this program. The Right to Keep and Bear Arms Under the Second and Fourteenth Amendments: the Framers' Intent and Supreme Court Jurisprudence Stephen P. Halbrook page 7 The "Assault Weapon"Panic David Kopel Page 29 The Second Amendment and the Historiography of the Bill of Rights David T. Hardy page 67 The Role of the Militia in the Development of the Englishman's Right to Be Armed _ Clarifying the Legacy Joyce Lee Malcolm page 139 The Right to Keep and Bear Arms in State Bills of Rights and Judicial Interpretation Robert Dowlut page 153