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Second Amendment Rights And In Cook
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Multi-State
County:
Cook
Control #:
US-000298
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In a 5-4 decision, the Supreme Court ruled in favor of McDonald, holding that the Second Amendment right to bear arms is applicable to state and local governments through the Fourteenth Amendment's Due Process Clause. This ruling built upon the 2008 case District of Columbia v.
The Second Amendment granted citizens that right — giving them the ability to defend themselves and their property. Though times have changed dramatically, the need for defenses afforded by the Second Amendment has remained much the same. “…the right of the people to keep and bear Arms, shall not be infringed.”
The Founding Fathers felt that citizens should be able to protect themselves against the government and any other threat to their wellbeing or personal freedom. The Second Amendment granted citizens that right — giving them the ability to defend themselves and their property.
You wouldn't notice that from our public and popular discourse about the Second Amendment and even many court cases confuse the notion of arms and equate arms with firearms, but in fact, the Supreme Court in its Heller Decision in 2008 said that the term is quite broad, that it extends to all weapons that constitute ...
Importantly, the Supreme Court has clearly stated that the Second Amendment does not protect assault weapons. District of Columbia v. Heller, 554 U.S. 570, 624-25, 627-28 (2008).
Age Limitations: The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns. Federal law prohibits the sale of firearms to individuals under these age limits, and many states have enacted similar restrictions.
§ 922(g)(1), which prohibits the possession of a firearm by a person convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment (at least as applied to certain nonviolent offenders).