Guns are deeply ingrained in American society and the nation's political debates. The Second Amendment to the United States Constitution guarantees the right to bear arms, and about a third of U.S. adults say they personally own a gun.
In a landmark Supreme Court decision in 2008, District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia.
A 5–4 majority ruled that the language and history of the Second Amendment showed that it protects a private right of individuals to have arms for their own defense, not a right of the states to maintain a militia.
If it's dangerous and unusual. usually meaning if it's mostly used by those who are intent on doing harm unlawfully, then they're not going to be protected. And the paradigmatic weapon there is a machine gun. So, machine guns, the Supreme Court has said, can be banned.
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An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.
Constitutional carry: Constitutional carry means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, (openly and/or in a concealed manner) thus no state permit is required.
Concealed and open carry gun laws differ between states. The Second Amendment of the United States Constitution provides the right to bear arms, but gun owners must still abide by laws regulating that right.
If it's dangerous and unusual. usually meaning if it's mostly used by those who are intent on doing harm unlawfully, then they're not going to be protected. And the paradigmatic weapon there is a machine gun. So, machine guns, the Supreme Court has said, can be banned.