The Second Amendment: Toward an Afro-Americanist Reconsideration

Introduction
- Influence of Violence on African Americans: With the exception of Native Americans, African Americans have been more profoundly influenced by violence than any other group in American history.
  - Slavery Maintenance: Private and public violence were instrumental in maintaining the institution of slavery.
  - End of Reconstruction: The era of racial egalitarianism known as Reconstruction was brought to a close by private violence, often with the complicity of the Supreme Court.
  - Jim Crow Era: Segregation under Jim Crow laws was enforced and sustained through private violence, frequently with public assistance.
- Contemporary Relevance: Issues surrounding the Second Amendment, including self-defense, crime, community security, and reliance on state protection, hold particular urgency for the modern African-American experience.
  - Black-on-Black Violence: The rise of black-on-black violence in inner-city neighborhoods has made life precarious for poor blacks, highlighting questions of self-protection.

Framers' Intent Regarding Rights: The framers of the Bill of Rights did not intend to create new rights, but rather to recognize existing rights from their English constitutional heritage and natural law.
- Caution Against Bill of Rights: Many framers initially cautioned against a bill of rights, arguing that inherent rights of a free people should not need specific detailing, as it might imply the federal government could violate unenumerated rights.
- Second Amendment Analysis: Understanding the framers' intent for the Second Amendment requires examining their perception of the right to bear arms as a traditional English right, linked to militia service.
Historical Context Beyond English Law: A complete understanding of the framers' intent goes beyond English law and militia history alone.
- American Constitutional Sensibilities: Nearly two centuries of settlement in North America shaped American constitutional sensibilities, making them similar to, yet distinct from, English counterparts.
- Racial Influence: The history of the right to bear arms in America was significantly influenced by the prevailing racial climate in the colonies.

Five Centuries of Tradition: English settlers in the 17th century inherited a tradition over five centuries old concerning both the right and duty to be armed.
Armed Citizenry and Regulation: The concept of an armed citizenry responsible for community security coexisted, albeit sometimes uneasily, with regulations on arms ownership, especially along class lines.
- Assize of Arms of 1181: Required all free men to be armed and possess armor suitable for their status.
- 13th Century Expansion: By the 13th century, even