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.
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).
Currently, the State Constitution provides that the people of New Jersey have the right of enjoying and defending life and liberty, but does not explicitly include a right to firearm ownership.
"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 ...
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.
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.
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.
The Supreme Court considered whether certain provisions in the District of Columbia's gun laws which essentially seek to ban private possession of handguns by prohibiting registration of pistols, carrying of pistols, and requiring pistols be kept disassembled and trigger-locked, violated the Second Amendment rights of ...
McDonald v. City of Chicago centered around a challenge to the city's strict gun control laws, which banned possessing them within city limits. Otis McDonald, a 76-year-old retired maintenance engineer, filed suit against the city, arguing that the regulations violated his Second Amendment rights.
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.
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.