The Privilege to Keep and Bear Arms: The Second Amendment and Its Interpretation

About the Book

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police power of the states and the federal government. This is followed by an analysis of federal and state legislation dealing with gun control. Freedman advances an intriguing idea: civil liability on the part of gun manufacturers, gun distributors, and dealers in firearms and guns. What happens when the victim decides to sue a person or persons other than the actual assailant? His theory of negligent entrustment provides a basis for suit by the victim of a gun assault, just as products liability law and dram shop acts take over.

Whether the reader agrees or disagrees with Freedman's analysis and conclusions, his book is essential reading for anyone concerned with this politically volatile issue.

Table of Contents:

Preface
The Political and the Economic Elements of Firearm and Gun Control
Terminology and Meaning of the Second Amendment
Historical Perspective on Keeping and Bearing Arms
The Courts and the Second Amendment
Limitations on the Privilege to Keep and Bear Arms
Firearm and Gun Control Legislation
Civil Liability for Manufacturers, Distributors, and Dealers of Firearms and Guns
Where Do We Go From Here?
Bibliography
Appendix
Indexes

About the Author :
WARREN FREEDMAN was formerly Counsel and Assistant Secretary for Bristol-Myers Co. His previous books include Foreign Plaintiffs in Products Liability Actions, Frivolous Lawsuits and Frivolous Defenses, Federal Statutes on Environmental Protection, The Right of Privacy in the Computer Age, and Professional Sports and Antitrust, all published by Quorum Books.

Review :
?In this short but expensive work Freedman presents answers to the arguments commonly used by the National Rifle Association and arms manufacturers on the controversial issue of gun control. In one of the more interesting and informative chapters, the author annotates the Second Amendment to the US Constitution phrase by phrase and then proceeds to discuss its historical and judicial path. In subsequent chapters he analyzes state and federal power to control firearms and the extent to which that power has been exercised by both levels of government. True to his background as a civil litigation lawyer (he previously was counsel and assistant secretary for the Bristol-Myers Co. and has published five other works on liability litigation), Freedman proposes the thought-provoking notion of civil liability for manufacturers, distributors, and dealers of firearms akin to that imposed on those who distribute liquor to individuals later involved in drunk-driving incidents. The author is clearly and avowedly in favor of gun control; however, even those who oppose such controls will find much in this book that is of value and interest to the ongoing debate. For libraries with the resources, this book is a recommended purchase. . . . All levels.?-Choice ?The Privilege to Keep and Bear Arms is must reading for those who are unaware of what the Second Amendment is all about. Freedman provides valuable information and an excellent bibliography for those organizations and individuals who are willing to be open-minded concerning firearms issues of our society.?-Criminal Justice Review "The Privilege to Keep and Bear Arms is must reading for those who are unaware of what the Second Amendment is all about. Freedman provides valuable information and an excellent bibliography for those organizations and individuals who are willing to be open-minded concerning firearms issues of our society."-Criminal Justice Review "In this short but expensive work Freedman presents answers to the arguments commonly used by the National Rifle Association and arms manufacturers on the controversial issue of gun control. In one of the more interesting and informative chapters, the author annotates the Second Amendment to the US Constitution phrase by phrase and then proceeds to discuss its historical and judicial path. In subsequent chapters he analyzes state and federal power to control firearms and the extent to which that power has been exercised by both levels of government. True to his background as a civil litigation lawyer (he previously was counsel and assistant secretary for the Bristol-Myers Co. and has published five other works on liability litigation), Freedman proposes the thought-provoking notion of civil liability for manufacturers, distributors, and dealers of firearms akin to that imposed on those who distribute liquor to individuals later involved in drunk-driving incidents. The author is clearly and avowedly in favor of gun control; however, even those who oppose such controls will find much in this book that is of value and interest to the ongoing debate. For libraries with the resources, this book is a recommended purchase. . . . All levels."-Choice