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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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Wednesday, March 1, 2006

NRA Sues Mayor Ray Nagin

Fairfax, VA—The National Rifle Association (NRA ) has filed a motion for contempt against the City of New ...

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Wednesday, November 9, 2005

NRA to File Lawsuit Challenging <br> San Francisco Gun Ban

Fairfax, VA - Even with opposition from San Francisco law enforcement and major media outlets, Proposition H -- ...

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Wednesday, October 26, 2005

Florida Becomes First State to File Legislation <br>to Preserve Citizens’ Rights During Emergencies

Fairfax, VA - This week, legislation to prohibit firearm confiscation (HB 285) was filed in Florida to help ...

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Wednesday, October 26, 2005

President Bush Signs "Protection of <Br> Lawful Commerce in Arms Act”<Br>Landmark NRA Victory Now Law

(Washington, DC) - President George W. Bush today signed into law the National Rifle Association (NRA)-backed "Protection of ...

News  

Tuesday, October 4, 2005

NRA to Make Announcement at October 6th Press Conference

(Fairfax, VA) -- National Rifle Association (NRA) Executive Vice President Wayne LaPierre will join Virginia gubernatorial candidate Jerry ...

News  

Thursday, September 22, 2005

NRA FILES SUIT TO STOP <br> FIREARM SEIZURES IN NEW ORLEANS

(Fairfax, VA) - Today, the National Rifle Association (NRA) filed a motion in United States District Court for ...

News  

Thursday, September 1, 2005

Chris W. Cox's Political Report: Judging Judges

This new approach to "judging" judges is such a departure from accepted precedent that commentators have started calling ...

News  

Thursday, September 1, 2005

Chris W. Cox's Political Report: Judging Judges

This new approach to “judging” judges is such a departure from accepted precedent that commentators have started calling ...

News  

Monday, August 29, 2005

Eight NRA-Backed Bills Take Effect in Texas September 1st

 Fairfax, VA – Eight National Rifle Association (NRA)-backed bills previously signed by Texas Governor Rick Perry will take ...

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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.