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.
Second Amendment Rights Of Citizens In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000298
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
A Federal appeals court ruled that the Second Amendment of the Constitution does not guarantee the right of gun-owners to carry concealed weapons in public, upholding a California law restricting who may be granted a concealed-carry permit.
In a landmark Supreme Court decision in 2008, District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear their own weapons to defend themselves, instead of only being for a state-run militia.
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.
Federal law outlaws the possession of firearms or ammunition by several categories of people, including: convicted felons. anyone who's been convicted of a misdemeanor for domestic violence or is under a domestic violence restraining order.
In short, the Second Amendment states that as an American citizen, you have the individual right to arm yourself. The amendment also firmly establishes that the government cannot infringe on that right.
Security in this sense means "safekeeping, defense, and protection." Infringed simply means "to trespass or violate"; in this case, the right of the people to keep and bear arms shall not be violated.
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.
An example of the Second Amendment is the ability of someone to own a gun in their home for purposes of self-defense. This particular example was upheld in DC vs. Heller and McDonald vs. Chicago.
§ 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).