Speaking of Text, History, and Tradition…

A federal appeals court upheld court orders prohibiting two criminal defendants from possessing firearms while awaiting trial. [More]

Not that such prohibitions work…

If people are going to cite Bruen to demand historical context, I’d be interested in whether or not bail for those who “would pose an unusual danger, beyond the ordinary citizen, to themselves or others” was widely practiced in the Founding era, under what conditions, and if denying it to the really heinous ones was alleviated by the right to a “speedy trial.”

Virginia’s “But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail” strikes me as consistent with another law I keep prattling on about, and raises another question: What was the average length of time from arrest to trial to the gallows for the bad ones?

[Via Dan Gifford]

Author: admin

David Codrea is a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.

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