Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Feb 2015)
Evolution of the Right to Keep and Bear Arms and its Effects on Criminal Law
Abstract
This paper tries to examine the foundations of right to bear arms in USAlegal system. This right is the most ancient right which has been a subject forphilosophical arguments of Aristotle and Plato. Some believe that the rightto bear arms is a fundamental and constitutional right of the citizens, but theopponents argue that it is inimical to an oligarchic regime. According to thefirst view, the criminal law supports the holders to bear arm and punisheseveryone who violates this right. However, according the second, bearingarms by violation of the law has been criminalized and offenders should beconvicted. Among these approaches, the common law system was affected bythe proponent of right to bear arms, therefore, this right has been recognizedfor the people. Under this circumstance, the founders of United StatesConstitution allocated the second amendment to this right. Yet, theConstitution of Iran did not have any article about right to bear arm so thatthe legislator could be able how to regulate this part. The first chapter ofthis paper examines the primary philosophical arguments on right to beararms and the second chapter is about the rules of common law regardingthis right. Finally, the third chapter examines the effect of philosophicalapproaches and common law rules on the evolution of right to bear arms inthe United State legal system and the different criminal policy of Iran.
