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.
Thursday, May 4, 2000
Attorney Stephan Tahmassebi explains that the Supreme Court has recognized the right to arms as an individual right ...
Tuesday, April 4, 2000
The Washington Post comments on the rash of reckless lawsuits -- some only threatened -- against lawful gun ...
Tuesday, March 21, 2000
Attorney and constitutional scholar Stephen P. Halbrook details evidence that the Second Amendment was prompted by British plans ...
Tuesday, February 15, 2000
__________________ No. 99-10331__________________ IN THEUNITED STATES COURT OF APPEALSFOR THE FIFTH CIRCUIT__________________UNITED STATES OF AMERICAPlaintiff-Appellantv.
Tuesday, February 15, 2000
__________________ No. 99-10331__________________ IN THEUNITED STATES COURT OF APPEALSFOR THE FIFTH CIRCUIT__________________UNITED STATES OF AMERICAPlaintiff-Appellantv.
Thursday, December 2, 1999
The Washington Post reports on how Gore`s and Bradley`s competing proposals to restrict the Second Amendment rights of ...
Monday, November 29, 1999
A fax machine "poll" on gun control conducted by a British-owned firm, 21st. Century Fax. Ltd, has been ...
Tuesday, October 19, 1999
As a Congressional Conference Committee continues to work on compromise juvenile justice legislation, ABCnews.com is reporting that President ...
Monday, October 4, 1999
Attorney David Kopel explains how the greatest judges and legal scholars have considered the right to arms an ...
Thursday, July 29, 1999
Quotes from our Founding Fathers on the right to Keep and Bear Arms.
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