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.
Monday, November 5, 2018
Cities and towns with restrictions on more than half of licenses include Springfield, Lowell, New Bedford, Newton and ...
Thursday, October 18, 2018
"We often hear the term 'gun culture' being thrown around as invective," says David Harsanyi in his new ...
Wednesday, October 17, 2018
Andrew Cuomo recently blurted out that “America has never been great.” The remark generated the predictable reaction and ...
Monday, October 15, 2018
At a minimum, Kavanaugh appears to be a vote for the Supreme Court to consider cases involving the ...
Tuesday, October 9, 2018
"She is violating the Second Amendment," Republican Jay McMahon, a Bourne-based attorney challenging Healey in the Nov. 6 ...
Thursday, October 4, 2018
The notion that certain Americans are preemptively guilty of wrongdoing, whether there’s any corroborating evidence to back up ...
Friday, September 14, 2018
During a break in Supreme Court nominee Brett Kavanaugh’s confirmation hearings on Sept. 4, the father of a ...
Friday, September 14, 2018
Gun rights advocates are stepping into the fight to push conservative federal appeals Judge Brett Kavanaugh across the ...
Wednesday, September 12, 2018
Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday said that he expects Brett Kavanaugh's Supreme Court nomination to ...
Monday, September 10, 2018
Judge Brett Kavanaugh on Friday moved a step closer to being seated on the Supreme Court, as four ...
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