This paper tries to examine the foundations of right to bear arms in USA
legal system. This right is the most ancient right which has been a subject for
philosophical arguments of Aristotle and Plato. Some believe that the right
to bear arms is a fundamental and constitutional right of the citizens, but the
opponents argue that it is inimical to an oligarchic regime. According to the
first view, the criminal law supports the holders to bear arm and punishes
everyone who violates this right. However, according the second, bearing
arms by violation of the law has been criminalized and offenders should be
convicted. Among these approaches, the common law system was affected by
the proponent of right to bear arms, therefore, this right has been recognized
for the people. Under this circumstance, the founders of United States
Constitution allocated the second amendment to this right. Yet, the
Constitution of Iran did not have any article about right to bear arm so that
the legislator could be able how to regulate this part. The first chapter of
this paper examines the primary philosophical arguments on right to bear
arms and the second chapter is about the rules of common law regarding
this right. Finally, the third chapter examines the effect of philosophical
approaches and common law rules on the evolution of right to bear arms in
the United State legal system and the different criminal policy of Iran.