The Second Amendment is a bit more specific.
Posted on: January 5, 2020 at 14:28:27 CT
jonesin
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Second Amendment - Bearing Arms
Amendment Text | Annotations
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.
2nd Amendment Annotations
Prior to the Supreme Court's 2008 decision in District of Columbia v. Heller,1 the courts had yet to definitively state what right the Second Amendment protected. The opposing theories, perhaps oversimplified, were (1) an "individual rights" approach, whereby the Amendment protected individuals' rights to firearm ownership, possession, and transportation; and (2) a "states' rights" approach, under which the Amendment only protected the right to keep and bear arms in connection with organized state militia units.2 Moreover, it was generally believed that the Amendment was only a bar to federal action, not to state or municipal restraints.3
However, the Supreme Court has now definitively held that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.