Gun Regulation, the Police Power, and the Right to Keep Arms in Early America: The Legal Context of the Second Amendment

Abstract

On April 19, 1775, the town of Concord, Massachusetts was the scene of an interesting confrontation. After the militia of Concord and the surrounding towns had driven the British back from the North Bridge, some of the militiamen began to disperse. The wife of Nathan Barrett, captain of one of Concord's militia companies, spotted one of her husband's men skedaddling home. She went out of her house to confront him, and when he explained that he was feeling ill, she responded that he must not take his gun with him. When he replied simply, “Yes, I shall,” she exclaimed, “No, stop, I must have it.” The militiaman refused and began to walk off. Mrs. Barrett gave chase, but her quarry was too quick.