JOB SAFETY COURT DECISIONS

Keeping arms is a duty.

The Revolutionary War itself was triggered when the British attempted to confiscate private arms stored by the American colonists in private homes at Concord. Before sunrise on April 18, 1775, scores of colonists armed with loaded muskets gathered on and near the Lexington green. When the British arrived, the officer in charge ordered the rebels to "disperse, you villains-lay down your arms," but they refused. The officer then gave the order to surround the rebels, and in the ensuing confusion shots were fired. Three British soldiers were wounded and eight militiamen were killed.

Following that initial skirmish, the British continued their march to Concord, but when they began tearing off planks of the bridge spanning a strategic river, American militiamen rallied to stop the destruction. Again, shots were fired by both sides, and British officers ordered a retreat during which, as described by historian Donzella Cross Boyle in Quest of a Hemisphere (1970), "the regulars were fired upon from behind walls and trees, houses and barns, by marksmen, who seemed 'to drop from the clouds.'" Thus began the long, bitter military struggle for American independence that could never have succeeded if the colonists had allowed themselves to be disarmed.

1. Fortunately, the colonists had refused to do so. In 1671, more than a century before Lexington and Concord, King Charles II imposed legislation to disarm Englishmen, while his royal governor for the colonies did the same to disarm Americans. Attorney Steven Halbrook, an authority on the Second Amendment, writes in That Every Man Be Armed: The Evolution of a Constitution Right (1984): "Thus, arms control laws in the English experience served not only to subjugate domestically the poor and middle classes and religious groups, but also to conquer and colonize the Scots, the Irish, the American Indians, and finally the English settlers in America." When the "embattled farmers stood" at Concord Bridge in 1775 and "fired the shot heard round the world," they did so with an unregistered and.
2. unconfiscated gun. Today's anti-gun hysteria is in sharp contrast to the attitude of early American colonists regarding firearms. A 1982 report of the Subcommittee on the Constitution of the U.S. Senate Judiciary Committee recalled, for instance: In 1623, Virginia forbade its colonists to travel unless they were "well armed"; in 1631, it required colonists to engage in target practice on Sunday and to "bring their peeces [sic] to church." In 1658, it required every householder to have a functioning firearm within his house and in 1673 its laws provided that a citizen who claimed he was too poor to purchase a firearm would have one purchased for him by the government, which would then require him to pay a reasonable price when able to do so. In Massachusetts, the first session of the legislature ordered that not only freemen, but also indentured servants own firearms and, in 1644, it imposed a stern 6 shilling fine upon any citizen who was not armed.

Writing in the Michigan Law Review for November 1983, attorney Don B. Kates further noted that "the duty to keep arms applied to every household, not just to those containing persons subject to militia service. Thus, the over-aged and seamen, who were exempt from militia service, were required to keep arms for law enforcement and for the defense of their homes from criminals or foreign enemies. In at least one colony a 1770 law actually required men to carry a rifle or pistol every time they attended church; church officials were empowered to search each parishioner no less than fourteen times per year to assure compliance." The intent of the Founders.

Our country's Founders, though at odds with each other about many other matters, were united in their belief that private citizens, armed with their own firearms, were vital to a free nation. Anti-Federalist icon Patrick Henry, in his famous "give me liberty or give me death" address to Virginia's Second Revolutionary Convention on March 23, 1775, underscored the importance of an armed citizenry when he declared: "They tell us ... that we are weak-unable to cope with so formidable an adversary [as the British]. But when shall we be stronger? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Three million people, armed in he holy cause of liberty ... are invincible by any force which our enemy can send against us." The Census Bureau estimates that the population of the colonies in 1700 was 2.1 million, and that by 1780 it reached 2.9 million. Henry's reference in 1775 to "three million people, armed in the holy cause of liberty" clearly encompassed all competent citizens, not merely those qualified by age and gender for militia service.

Years later, when the Constitution was considered, Henry further expressed his unequivocal support of the individual right to keep and bear arms. During Virginia's ratification convention he objected to the omission of a clause in the proposed Constitution that would forbid the disarming of individual citizens (the Second Amendment was adopted to solve that problem). "The great object," he declared, "is that every man be armed.... Everyone who is able may have a gun."