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2nd
The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights. The Supreme Court of the United States has ruled that the right belongs to individuals, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right, per the incorporation of the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state.While both James Monroe and John Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, Madison wrote how a federal army could be kept in check by state militias, "a standing army ... would be opposed [by] a militia." He argued that state militias "would be able to repel the danger" of a federal army, "It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops." He confidently contrasted the federal government of the United States to the European kingdoms, which he contemptuously described as "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because "besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition".By January 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut ratified the Constitution without insisting upon amendments. Several specific amendments were proposed, but were not adopted at the time the Constitution was ratified. For example, the Pennsylvania convention debated fifteen amendments, one of which concerned the right of the people to be armed, another with the militia. The Massachusetts convention also ratified the Constitution with an attached list of proposed amendments. In the end, the ratification convention was so evenly divided between those for and against the Constitution that the federalists agreed to amendments to assure ratification. Samuel Adams proposed that the Constitution:
Be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless when necessary for the defence of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of their grievances: or to subject the people to unreasonable searches and seizures.In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government" and thus limited the scope of the Second Amendment's protections to the federal government. In United States v. Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia".In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual right to possess and carry firearms. In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments. In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare".Despite these decisions, the debate between various organizations regarding gun control and gun rights continues.
A Second Amendment advocate fighting against a constitutionally questionable gun ban & certification ordinance in Boulder Colorado says he & his daughter have been targeted & bullied as his case winds through the court system ‘I Cannot Comply’: A Second Amendment Advocate’s Fight Against the...
Senate Bill 501 Requires person to secure permit before purchasing or otherwise receiving firearm. "May issue" by the Sheriff.
Restricts ammunition receipt to 20 rounds within 30-day period. Prohibits transfer of firearm by gun dealer or private party until latter of 14 days or Department of...
Let me start by saying I'm very much a 2nd Amendment supporter and enjoy guns recreationally and for home defense. I do not believe in banning anything or limiting capacities, etc.
With that said, while I have grown up with guns as a part of my family and a common theme with others in the...
Is the 2nd Amendment a Guaranteed Constitutional Right?
Actually, depends on what we consider a guaranteed right. Important that we realize the Constitution has been ratified 27 times in approximately 230 years. Of those 27, ten were the Bill of Rights. If you're still reading this, it's...
This is an excerpt, from my book being released in about a month. I hope to have the book released earlier in hopes it may help others think. However I think at this point at least having a partial release may be appropriate given the results of the election. ( pre-proofed version)
Voting, and...
I was at my local FFL last evening and he told me something that I can not believe it is happening. The state Of Washington has decided they are not going to pay the fees for background checks on handguns. The state sent a letter to all the FFL's in the state. He goes on to tell me that after...
Especially with AR15s etc, read this to clarify his vision of America:
ATF Careerist Turned Giffords Spokesflack Proposes Evisceration of 2nd Amendment
Monday 10/22 Patriot Prayer Rally in Vancouver. Who's going? Antifa girly men may show up
if mom can give them a ride. But Portland Police won't be there to protect them? :eek:
The only fighting Antifa losers have ever seen is in a video game.:p Don't wrestle
with a pig. You both are going...
I'm considering doing something I never have, open-carry. Doesn't seem prudent to do so every day, so I'm jumping on the bandwagon of those who celebrate their rights every 2nd of the month.
I've watched a fair share of videos on the subject. Although there's a few gems, IMO, most of the...
Colt Woodsman Second Series Model .22 LR - Woodsman 2nd Series Target .22LR 4.5" , Serial Number 64372-S (1949) RARE Air Force Survival kit gun...
This gun was handed down to me by my grandparents and the info i found online is all i know through serial number.. gun is in pretty good shape i...
I find it interesting in all the various threads and comments about Washington's efforts to restrict our 2nd amendment rights, I don't see much mentioned about Washington State's own constitution.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of...
Under President Obama's in 2013 the State Department pursued a case against
against Cody Wilson, of Defense Distributed, creator of 3d gun printing fame. Last Wednesday the State Department dropped it's case having accused Wilson of violating the law by publishing gun designs on the internet...
The Cascade Sportsman's Club is hosting our June gun show this Saturday, June 2nd at the American Legion Hall in Carson, WA. Doors open at 8:30 and the show runs until 3:00, though there are always a few vendors who leave a little early, so figure 2:00 if you want to see it all!! Admission is...
ABC reported two mountain bikers were attacked and one killed by a mountain lion in Western Washington. Very unusual activity on its own but they found the cougar standing over his “kill” afterward. I know cougars well and this is very unusual activity for them. The cat was obviously looking...
California Cities Are Free to Regulate Gun Stores Out of Existence
California Cities Are Free to Regulate Gun Stores Out of Existence
More Second Amendment setbacks in the Golden State when the Supreme Court declines to take a case about city zoning
I got.........new in wrapper, 2nd Gen PMags, 10/$100. Have several lots available.
Contact me via PM. And leave your phone number in your PM.
I live in Vancouver, WA and I am willing to travel a short distance (plan accordingly). l will not ship.
Aloha, Mark