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Second Amendment Rights For In Franklin
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State:
Multi-State
County:
Franklin
Control #:
US-000298
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FAQ
As Justice Scalia pointed out in Heller, a militia is, therefore, a "subset of 'the people. '" This, he argued, creates a strong presumption that the Second Amendment right is an individual one that belongs to all Americans rather than a right only for those who serve in a militia.
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” 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.
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.
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.
If the Twenty-Second Amendment had been in place during Franklin D. Roosevelt's first term in office, FDR could only have been elected to one more full term.
Without the Second Amendment, states and the federal government would be able to regulate the manufacturing, sale and use of fire arms any way they like. Government could even go as far as strictly prohibiting anyone from owning or using firearms. There is actually some debate about what the Second Amendment means.
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).
The Second Amendment of the U.S. Constitution guarantees a "right of the people to keep and bear arms." However, the meaning of this clause cannot be understood apart from the purpose, the setting, and the objectives of the draftsmen.
The Second Amendment does not guarantee: (i) weapons of indiscriminate destructiveness such as cannons, (2) any right of violent felons or of other felons whom legislatures reasonably identify as likely to misuse weapons.