About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 S. Ill. U. L. J. 151 (1997-1998)
The Right to Carry Concealed Weapons for Self-Defense

handle is hein.journals/siulj22 and id is 189 raw text is: The Right to Carry Concealed Weapons For Self-defense Frank Espohl Speak softly and carry a big stick, and you will go far. Theodore Roosevelt A kind word will go a long way, but a kind word and a gun will go farther. Al Capone I. INTRODUCTION There is a fundamental right to carry concealed weapons, including but not limited to handguns, for the purpose of personal self-defense. This right emanates from the specific rights protected by the Second, Fifth, Ninth and Fourteenth Amendments of the United States Constitution. The Second Amendment guarantees the right of the people as individuals to keep and bear arms. The Due Process Clauses of the Fifth and Fourteenth Amendments guarantee the right to self-defense, and the Ninth Amendment guarantees that the enumeration of certain rights of the people shall not be construed to deny or disparage other rights retained by the people. The right to carry concealed weapons for the purpose of self-defense emanates from the combination of the right to keep and bear arms and the right to self-defense and is also among the traditional Rights of Englishmen guaranteed by the Ninth Amendment. I. THE SECOND AMENDMENT The Second Amendment provides, A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.' This amendment guarantees an individual right of free citizens to possess weapons, including firearms, which possess military utility.2 The Second Amendment also guarantees the right to use firearms in * Associate, Kathleen Mezher & Associates, Cincinnati, Ohio. 1. U.S. CoNsT. amend. I. 2. United States v. Miller, 307 U.S. 174, 178 (1939); Nunn v. State, 1 Ga. 243, 251 (1846); Watson v. Stone, 4 So.2d 700,703 (Fla. 1941) (Buford, J., concurring); McKellar v. Mason, 159 So.2d 700, 702 (La. Ct. App. 1964), aft'd, 162 So.2d 571 (La. 1964); Don B. Kates, Jr., Handgun Prohibition and the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most