Malcolm on the Right to Carry Guns Outside the Home

Joyce Lee Malcolm (George Mason School of Law) has posted The Right to Carry Your Gun Outside: A Snapshot History (Law and Contemporary Problems, Forthcoming) on SSRN.  Here is the abstract:

The right of self-defense does not stop at the domestic doorstep. Nevertheless there are those who argue that Locke, Blackstone and the American founders circumscribed the right of self-defense in just that way. We are here, therefore, to address this latest, in a string of denials of a clear constitutional right, this time of the right to bear a gun outside the home. Back we must go through the history of firearms use and regulation in England, its transition to colonial America and the intent of the Second Amendment. This essay will focus on the duty and the right to carry a gun outside the home, mindful that the right to keep and bear arms, like other rights, evolved over the centuries and included some practical restrictions. The crucial time for an understanding of the Second Amendment, of course, is the point of that evolution when the Second Amendment was drafted and added to the American Bill of Rights.