"THE RIGHT TO BEAR ARMS
"There is an important distinction between firearms and fireworks. Some general knowledge of firearms is important to the public welfare; because it would be impossible, in case of war to organize promptly an efficient force of volunteers unless the people had some familiarity with weapons of war. The Constitution secures the right of the people to keep and bear arms. No doubt, a citizen who keeps a gun or pistol under judicious precautions practises in safe places the use of it, and in due time teaches his sons to do the same, exercises his individual right. No doubt a person whose residence or duties involve peculiar peril may keep a pistol for prudent self-defence. . . ."
"...As to guns and pistols, then the citizen who practises with them is in the exercise of a constitutional right; and to mulct him for any unfortunate consequences, proof is needed that he was careless. He must exercise due care to avoid doing mischief. Sic utere tuo ut alienum non loedas--use your gun so as not to hurt another man--is a time honored maxim."
- Benjamin Vaughan Abbott, Judge and Jury: A Popular Explanation of Leading Topics in the Law of the Land. NEW YORK HARPER & BROTHERS, FRANKLIN SQUARE [1880] (Mr. Abbott graduated from New York University in 1850, and Harvard Law School in 1851. He was the secretary of the New York Code Commission, which drew up the state's penal code in 1864. He also served on a commission created to revise the statutes of the United States from 1870-1872).
No comments:
Post a Comment