Early in our history, firearms laws were everywhere.
"Far from being exceptional in American history, gun-control regulations are the default. If 'Bruen' was designed to nullify the constitutional basis for many gun laws, it ought to fail."
--Robert J. Spitzer, political science professor emeritus at SUNY Cortland
Robert J. Spitzer, professor emeritus at SUNY Cortland outlines the early--and plentiful--history of gun regulation laws in early American history. Consequently, Clarence Thomas's 2022 Bruen decision might not be the disaster for gun control that some people have thought. Below are some excerpts from the article.
In the summer of 1619, the leaders of the fledgling Jamestown colony came together as the first general assembly to enact “just Laws for the happy guiding and governing of the people there inhabiting.” Consisting of the governor, Sir George Yeardley; his four councillors; and 22 elected “burgesses,” or representatives, the group approved more than 30 measures. Among them was the nation’s first gun law:
"That no man do sell or give any Indians any piece, shot, or powder, or any other arms offensive or defensive, upon pain of being held a traitor to the colony and of being hanged as soon as the fact is proved, without all redemption."
After that early example of gun control came many more laws placing restrictions on the ownership and use of firearms. If guns have always been part of American society, so have gun laws. This fact might come as a surprise to some gun-rights advocates, who seem to believe that America’s past was one of unregulated gun ownership. That view received a big assist in 2022, when the Supreme Court declared in "New York State Rifle & Pistol Association Inc. v. Bruen" that the constitutionality of modern gun laws depends on whether they are “consistent with this Nation’s historical tradition of firearm regulation.” In other words, the constitutional standard for any modern gun law boils down to whether you can find a good precedent for it back in the 1700s or 1800s. The advocates’ assumption is that such precedents are few and far between, but thanks to the work of researchers and the digitization of archival material, thousands of old gun laws, of every imaginable variety, are now available for reference. Far from being exceptional in American history, gun-control regulations are the default. If "Bruen" was designed to nullify the constitutional basis for many gun laws, it ought to fail. [...] Throughout this long period in the history of the republic, up until the beginning of the 20th century, gun laws placed conditions or restrictions on weapons access for a wide variety of citizens—in particular, indentured servants, vagrants, non-Protestants, those who refused to swear an oath of loyalty to the government, felons, foreigners, minors, and those under the influence of alcohol. Numerous laws regulated hunting practices, as well as firearms’ carry, use, storage, and transportation; regulated the manufacture, inspection, storage, and sale of firearms; imposed gun licensing; and restricted dangerous or unusual weapons. Despite the Thomas opinion’s claim that “the historical record yields relatively few 18th- and 19th-century ‘sensitive places’ where weapons were altogether prohibited,” some local authorities outlawed the discharge of firearms in or near towns, buildings, or roads, as well as after dark, on Sundays, at public gatherings, and in cemeteries. In some jurisdictions, any use of a firearm that wasted gunpowder was also an offense. [...] In the post-revolutionary 1800s, as rising violent crime led more people to arm themselves, a total of 42 states (plus the District of Columbia) enacted laws against concealed carry. Three more did so in the early 1900s, so that the total included almost every state in the Union. As many states from the 1700s to 1900s also enacted some form of weapons-licensing law. That’s not all. Over that same period, at least 22 states restricted any gun carrying, including of long guns. Moreover, across the entire period, three-quarters of the states had laws either against “brandishing”—waving a gun around in a menacing or threatening manner—or merely having a weapon on display in public. [...] In addition, even though for much of its history America was an agrarian country...its lawmakers and enforcers were inventive and determined about ensuring public safety. When they perceived a threat to that order from firearms, they passed laws to restrict or prevent them. And back then, by and large, no court struck those laws down. That is what is truly consistent with this nation’s historical tradition of firearm regulation. So if we accept the originalist premise of "Bruen," the actual result should be to render a broad array of gun regulations constitutional. [color emphasis added]
