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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.

Issue Articles
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Friday, April 4, 2003

D.C. Residents Demand Second Amendment Freedoms

The National Rifle Association today announced its support for the lawsuit filed by five Washington D.C. residents in ...

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Friday, March 21, 2003

An Opening Gambit For Tyrants Is To Disarm The Public

An Opening Gambit For Tyrants Is To Disarm The Public The right to Akeep and bear arms@ is ...

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Monday, March 10, 2003

Ninth Circuit Disputes Silveira Decision, Judge Calls Second Amendment an Individual Right

The U.S. Court of Appeals for the 9th Circuit in a February 18 ruling questioned that circuit`s recent ...

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Tuesday, February 11, 2003

NRA 132nd Annual Meetings & Exhibits - Orlando, Florida, April 25-29

No summary available

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Tuesday, May 14, 2002

Anti-gun Lobby Attempt To Influence U.S. Brief In Supreme Court On Emerson Second Amendment Case<BR> By Stephen P. Halbrook

Distinguished author and Constitutional lawyer Stephen Halbrook responds to the Violence Policy Center`s letter to Solicitor General Olson ...

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Thursday, August 2, 2001

Attorney General Ashcroft & The Second Amendment

Distinguished author and Constitutional lawyer Stephen Halbrook responds to the Violence Policy Center`s attack upon Attorney General John ...

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Monday, June 11, 2001

NRA And The Second Amendment

Our constitution confers extensive powers to the federal government. Citizens demanded that our Constitution be amended to include ...

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Wednesday, December 20, 2000

Concealing Weapons And History

Noted historian Joyce Lee Malcolm dissects the book "Arming America" and author Michael Bellesiles` peculiar claim that early ...

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Monday, December 11, 2000

Democrats Scared Of Gun Issue

The Washington Post reports that House Democrats have begun to realize that gun control is not a winning ...

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Tuesday, October 10, 2000

Home Of The Whopper

Gun owners no doubt will recall Al Gore`s whopper before the U.S. Conference of Mayors on June 14, ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.