Second Amendment & the Right to Keep and Bear Arms
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment protects the right of the people to keep and bear arms for defense of life and liberty.
In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.
In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.
In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.
Wednesday, March 7, 2018
Oregon is one of the states that bans retailers from discriminating based on age against customers age 18 ...
Wednesday, March 7, 2018
In Fulton v. Dick's Sporting Goods, Inc., filed yesterday, an 18-year-old plaintiff is suing over Dick's refusing -- ...
Wednesday, March 7, 2018
The House voted 178-144 Tuesday to prevent the introduction of a bill that would have prohibited those under ...
Tuesday, March 6, 2018
An Oregon man filed suits Monday claiming Dick's Sporting Goods and Walmart discriminated against the 20-year-old when they ...
Tuesday, March 6, 2018
John Locke described the right of self-defense as a “fundamental law of nature.” It is an unalienable right ...
Tuesday, February 6, 2018
In 2008, the United States Supreme Court held, in District of Columbia v. Heller, that the Second Amendment ...
Monday, February 5, 2018
An Illinois law banning guns within 1,000 feet of public parks violates a right under the Second Amendment ...
Thursday, December 28, 2017
Along the way, the ABA also has supported gun control and same-sex marriage and has opposed the death ...
Tuesday, December 19, 2017
"The U.S. was actually founded on gun control. . . . If you study your history, you’ll see ...
Wednesday, November 29, 2017
Many civil protection orders, especially in domestic violence cases, ban the target from possessing guns. Courts generally uphold ...