In The Myth of Continuity in American Gun Culture, Brian DeLay argues that modern amateur gunmaking represents a break from the Founding armsmaking tradition. But while DeLay critiques the idea of a “self-made arms” tradition, his own research reveals that early American gunsmiths regularly assembled weapons using a combination of self-made and premanufactured parts—a process strikingly similar to today’s home firearm construction using 80% lowers and 3D-printed components. And not only did Founding-era governments fail to ban such behavior, they actually incentivized it during certain periods. Applying the historical-tradition standard articulated in New York State Rifle & Pistol Ass’n v. Bruen, this Essay concludes that the private assembly of firearms falls squarely within the constitutional protections of the Second Amendment.
Recommended Citation
Jamie G. McWilliam, The Right to Assemble (Firearms), 101 Notre Dame L. Rev. Reflections (2026) (forthcoming).
