Hofstra Law Review Volume 46 | Issue 2 Article 8 12-1-2017 The nE glish Legacy of the Second Amendment - History and Myth Allen R. Kamp Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Kamp, Allen R. (2017) "The nE glish Legacy of the Second Amendment - History and Myth," Hofstra Law Review: Vol. 46 : Iss. 2 , Article 8. Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol46/iss2/8 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact
[email protected]. Kamp: The English Legacy of the Second Amendment - History and Myth THE ENGLISH LEGACY OF THE SECOND AMENDMENT-HISTORY AND MYTH Allen R. Kamp* He said, "that he was the greatest Tyrant to the Neighbours in every other Instance, and would not suffer a Farmer to keep a Gun. .. I. THE PROBLEM-HELLER AND ENGLISH HISTORY According to the majority opinion of Justice Scalia in District of Columbia v. Heller,2 pre-Second Amendment adoption English history informs the Amendment's meaning. The majority opinion discusses the historical background after analyzing the language of the Amendment: Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.