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2nd Amendment Right To Form A Militia In Santa Clara
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Multi-State
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Santa Clara
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US-000298
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The current United States Code, Title 10 (Armed forces), section 246 (Militia: Composition and Classes), paragraph (a) states: "The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made ...
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.
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.
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.
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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.The Second Amendment secures a right of individuals generally, not a right of states or a right restricted to persons serving in militias. Infringed is used in the 2nd Amendment to protect a State's right to maintain a militia. Those who argue it is a collective right point to the "wellregulated Militia" clause in the Second Amendment. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.