The Legal History of "Dangerous and Unusual Weapons"

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Abstract: The phrase “dangerous or unusual weapons” has long been used by American courts to justify prohibiting possession or carrying of particular classes of weapons. Examination of the history of this phrase shows it was neither as ancient nor as broadly prohibitive as many assume. Analogies to First Amendment case law suggest that the authority of the government may be more limited than D.C. v. Heller (2008) indicates.