I Believe in the Second Amendment Right to Bear a Musket
Embracing the Supreme Court’s 18th-Century Principles
The Supreme Court insists that any gun regulations should align with those that existed when the Constitution was written. I agree with them, but only if the arms we’re talking about are also from that era. That’s why I wholeheartedly support the right for everyone to possess and use a musket.
If we’re going to stick to a legal standard from the 18th century, then let’s apply it to a tool that belongs in a museum rather than a modern gunrack. Yes, carrying a musket means dealing with its substantial length, approximately four feet, and weight, about 10 pounds.
You’ll also need to manage the cumbersome accouterments of a powder horn and shot pouch and pray for clear, dry weather to ensure the flintlock mechanism doesn’t sputter out. But that’s precisely the kind of weapon the founders had in mind.
The impracticality is the point. The Second Amendment was shaped with the technology and circumstances of its time in mind — the musket, not the modern assault rifle.
The framers of the Constitution couldn’t have foreseen the advancements in arms technology we have today. Applying their 18th-century standards to the present context is absurd. The interpretation of originalism by this court says that the right should extend to modern guns, which were unforeseen and unintended by the framers.
In today’s world, the musket’s utility is virtually non-existent; it’s no longer a practical choice for self-defense. This stark contrast between the originalist perspective and the realities of today calls for a reevaluation of the Second Amendment, considering the changes in arms technology against the evolving needs of society.
It highlights the challenge of honoring historical intent while grappling with contemporary issues — a virtually impossible balance that continues to shape the American discourse on gun rights. To the originalist camp, I say that if you want to stay true to the Second Amendment’s intent, it means guaranteeing the right to bear single-shot muskets.
In the meantime, our hypothetical 21st-century minuteman, armed with a smartphone in one pocket, black powder in another, and a four-foot-long, ten-pound rifle awkwardly stashed, embodies the tension between upholding our foundational laws and navigating a world transformed by technological leaps.
