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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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California: Governor Brown Signs AB 103 and Anti-Gun Bills Pass Public Safety Committees

Tuesday, June 27, 2017

California: Governor Brown Signs AB 103 and Anti-Gun Bills Pass Public Safety Committees

Today, June 27, Governor Brown signed the state budget along with budget trailer bills including AB 103.  Also ...

California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

Tuesday, June 27, 2017

California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

On Monday, June 26, the Office of Administrative Law (OAL)  formally rejected DOJ’s proposed regulations for the registration of newly ...

Washington Post  

Tuesday, June 27, 2017

Supreme Court declines to review California concealed-weapon law

The Supreme Court will not intervene in a lower court’s decision that the Second Amendment does not protect ...

Volokh Conspiracy  

Tuesday, June 27, 2017

Supreme Court refuses to hear right-to-carry-guns case, Justices Thomas and Gorsuch say there is such a right

Federal appellate courts and state high courts are split on whether the Second Amendment secures a right for ...

California: Pre-Litigation Letter Sent to DOJ Opposing “Bullet Button Assault Weapon” Regulations

Wednesday, June 21, 2017

California: Pre-Litigation Letter Sent to DOJ Opposing “Bullet Button Assault Weapon” Regulations

On Monday, June 19, the NRA and CRPA’s legal team submitted a joint-letter to the California Department of Justice (DOJ) and ...

California: Budget Trailer Bill with Anti-Gun Language, AB 103, Heading to Governor Brown

Thursday, June 15, 2017

California: Budget Trailer Bill with Anti-Gun Language, AB 103, Heading to Governor Brown

Today, June 15, was the deadline for the California Legislature to meet the budget deadline. Anti-gun Legislators ramrodded Assembly Bill 103 through the ...

California: Two Budget Bills with Anti-Gun Language Moving to the Floor of the State Assembly and Senate

Wednesday, June 14, 2017

California: Two Budget Bills with Anti-Gun Language Moving to the Floor of the State Assembly and Senate

Tomorrow, June 15, is the deadline for the California Legislature to pass a budget. Two budget trailer bills, ...

California: Anti-Gun Language Amended into Budget Bill Passes Senate Committee

Tuesday, June 13, 2017

California: Anti-Gun Language Amended into Budget Bill Passes Senate Committee

Today, June 13, Assembly Bill 103, a budget trailer bill, passed the Senate Budget and Fiscal Review Committee.   ...

Monday, June 12, 2017

Florida Alert! Brevard Sheriff Wayne Ivey: We Can't Afford To Wait on the Attack

Brevard County, FL, Sheriff, Wayne Ivey has issued another video to help citizens be prepared to protect themselves ...

Washington Post  

Monday, June 12, 2017

The Second Amendment protects some bladed weapons, and not just firearms

The New Jersey machete decision is important because it rejects a “spontaneity” requirement for arming yourself at home ...

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.