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.
Eight states (California, Colorado, Illinois, New Mexico, Oregon, Virginia, Vermont and Washington) permit the use of deadly force in self-defense through judicial decisions or jury instructions. Pennsylvania's law, amended in 2011, distinguishes use of deadly force outside one's home or vehicle.
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.
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.
The legislature of the State of Florida, in a declaration of policy incorporated in its “Weapons and Firearms” statute, recognizes that adult citizens of the state retain their constitutional right to keep and bear firearms for hunting and sporting activities and for defense of self, family, home, and business and as ...
In the 2008 case District of Columbia v. Heller, the Supreme Court held that the "Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
In District of Columbia v. Heller, the Supreme Court indi- cated that self-defense is the “core” interest protected by the Second Amendment.
Heller, the Supreme Court held that the Second Amendment protects an individual right to possess firearms for certain purposes, including at least self-defense in the home. Two years later, in McDonald v. City of Chicago, the Court determined that the right to bear arms is a “fundamental” right.
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.
§ 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).
There have been two landmark Supreme Court rulings on the Second Amendment in recent years: District of Columbia v. Heller and McDonald v. City of Chicago.