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.
Tuesday, January 9, 2018
Today, the Assembly Public Safety Committee failed to pass Assembly Bill 1394, sponsored by Assembly Member Travis Allen (R-72). AB ...
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 ...
Thursday, December 7, 2017
Once again Florida Carry, Inc. has demonstrated a lack of concern for Concealed Weapons and Firearms License holders. ...
Wednesday, November 29, 2017
Florida Supreme Court Justice Barbara Pariente has been caught in an act of what we believe is clear ...
Wednesday, November 29, 2017
Many civil protection orders, especially in domestic violence cases, ban the target from possessing guns. Courts generally uphold ...
Tuesday, November 28, 2017
The justices in the past have passed up the chance to hear challenges to similar laws in a ...
Friday, November 17, 2017
“We have some folks in this room who believe it is a privilege and we have some folks ...
Wednesday, November 15, 2017
The Northern Marianas governor has passed a law banning handguns in the territory - but it can't be ...
Monday, October 30, 2017
And Dafi Griffiths, Head Boy at Newent, was able to ask Mrs Clinton:“Did you share Barack Obama’s views ...