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.
By Adam Winkler. Modern debates about the Second Amendment have focused on whether it protects a private right of individuals to keep and bear arms, or a right that can be exercised only through militia organizations like the National Guard.
"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and ...
The first half—the part about the well regulated militia—has been edited out. From 1888, when law review articles first were indexed, through 1959, every single one on the Second Amendment concluded it did not guarantee an individual right to a gun.
Constitution of the United States.
The Second Amendment was ratified on December 15, 1791, as one of the first ten amendments to the Constitution, known as the Bill of Rights.
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.
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.
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon.
Second Amendment (disambiguation) Second Amendment to the United States Constitution, that protects right to keep and bear arms.
Andd so, the flip side though is that weapons that are "dangerous and unusual" do not get protection. So even if you might think, oh well that's fairly common. 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.