This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The Second Amendment protects arms, not firearms,6 and in Heller, the Supreme Court defined an arm as any “weapon of offence” or “thing that a man wears for his defence, or takes into his hands,” that is “carried . . . for the purpose of 'offensive or defensive action.
Hunters, those who own weapons for self-protection, and other gun enthusiasts insist the Second Amendment prohibits any restrictions on their right to bear arms. Rather than limit the sale of guns, they argue, the government should enact stiffer penalties for those caught using a gun while committing a crime.
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.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
In short, the Supreme Court did its job by announcing that the Second Amendment does not protect assault weapons—precisely because they are meant for the battlefield and are not “in common use at the time for lawful purposes.” Id. at 624-25, 627-28; Kolbe, 849 F. 3d at 131.
Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
Abundant historical evidence indicates that the Second Amendment was meant to leave citizens with the ability to defend themselves against unlawful violence. Such threats might come from usurpers of governmental power, but they might also come from criminals whom the government is unwilling or unable to control.
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.”
U.S. Constitution - Second Amendment.