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Second Amendment Rights Of Citizens In Orange
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State:
Multi-State
County:
Orange
Control #:
US-000298
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FAQ
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.
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).
In McDonald v. City of Chicago, the Supreme Court held in a 5–4 ruling that the Second Amendment applies to state and local governments in addition to the federal government.
Two years later, in McDonald v. City of Chicago, the Court determined that the right to bear arms is a “fundamental” right. ingly, the Second Amendment applies not only to laws imposed by the federal government, but to laws enacted at the state and local level as well.
Q: Do Federal Gun Laws Override State Laws? A: Yes, federal laws, including those regarding gun control, will supersede a state's laws on the particular matter. The Constitution has a Supremacy Clause that prevents states from interfering with the federal government's practicing of its constitutional powers.
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.
The Second Amendment granted citizens that right — giving them the ability to defend themselves and their property. Though times have changed dramatically, the need for defenses afforded by the Second Amendment has remained much the same. “…the right of the people to keep and bear Arms, shall not be infringed.”
Location Restrictions: The right to bear arms is subject to certain location restrictions. For example, federal law prohibits the possession of firearms in schools, government buildings, and other sensitive locations.
Who wrote the Second Amendment? The Second Amendment, ratified in 1791, was proposed by James Madison to allow the creation of civilian forces that can counteract a tyrannical federal government.
Heller (2008), the Supreme Court stated that types of arms protected by the Second Amendment are not limited to those in existence at the time the Amendment was ratified, but rather the Amendment protects all arms that are “typically possessed by law-abiding citizens for lawful purposes,” including (but not limited to) ...
