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Can You Find This
Statute?
Professor Saul Cornell, explaining that the history of gun control laws in the Revolutionary period demonstrates that the Second Amendment does not protect an individual right, makes this claim (on p. 64): The Massachusetts Act for the Prudent Storage of Gunpowder. This is a law that effectively makes it illegal in the city of Boston to have a loaded firearm. To have a loaded firearm in the city of Boston in the 1780s is against the law. The founding fathers were willing to ban loaded guns in the city of Boston. This is a pretty interesting claim, especially because Cornell uses the
word "effectively" instead of saying that the law prohibited possession of
loaded firearms.
When I was at the Hagley Library, I found "An act, further regulating the storage, safe keeping, and transportation of gunpowder, in the town of Boston, together with the rules and regulations of the firewards, relative to the same." published in 1821. This was a Boston city ordinance that was certainly intended to promote "Prudent Storage" of gunpowder. On p. 1, it prohibits keeping within town, on any wharf, or on board ship, more than five pounds of gunpowder, with exemptions for those "on military duty in the public service of the United States, or of this Commonwealth...." To sell gunpowder also required a license from the firewardens. On p. 2, the firewardens are given authority to regulate the transportation and storage of gunpowder by licensed dealers. On p. 7, the implementing regulations prohibited licensed retailers of gunpowder from having more than 25 pounds "in the place or building designated in their license" and no individual container could hold more than twelve and a half pounds. Wholesalers on pp. 7-8 were allowed to store 100 pounds, with detailed specification of containers. Dealers were required to have a warning sign identifying their building as being a gunpowder dealer. All other gunpowder was to be kept in the public magazines (p. 8)--although it appears that this applied only to the licensed dealers, not to private parties having quantities under five pounds in their homes. "No Gunpowder shall be kept, otherwise than as before provided for licensed dealers, at any place within the town, except in the Magazines at Fort Strong and South Boston, which are hereby established as places of deposit for Gunpowder belonging to licensed dealers." (p. 8) I haven't found the 1786 statute to which Cornell refers. I find it easy to believe that if it was similar to this 1821 ordinance, it would be possible for Cornell to read it in a hurry and come away with the impression that no one was allowed to keep gunpowder at home. If you have access to the 1786 Massachusetts statute to which Cornell refers at your library, I would be very pleased if you could get me a copy of it. Clayton E. Cramer
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