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2nd Amendment Right To Form A Militia In Queens
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Multi-State
County:
Queens
Control #:
US-000298
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FAQ
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 comprises just a single sentence that allows for considerable interpretation. Enacted in 1789 alongside nine other amendments collectively known as the Bill of Rights, it prohibits the government from infringing upon a "well-regulated Militia."
At 624–25 (quoting United States v. Miller, 307 U.S. 174, 179 (1939)) (“We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.”); see also Caetano v.
California Constitution: The California Constitution forbids private military units from operating outside state authority, providing that “the military is subordinate to civil power.” Cal. Const. art. I, § 5.
Legal legitimacy Most militia organizations envisage themselves as legally legitimate organizations, despite the fact that all 50 states prohibit private paramilitary activity.
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. Two years later, the Supreme Court ruled in McDonald v.
Article I, Section 8, Clause 15: The Congress shall have Power . . . To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; . . .
A militia (/mɪˈlɪʃə/ mil-ISH-ə) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel.