second amendment

The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right.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. Any labels of rights as auxiliary must be viewed in the context of the inherent purpose of a Bill of Rights, which is to empower a group with the ability to achieve a mutually desired outcome, and not to necessarily enumerate or rank the importance of rights. 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 contrasted the federal government of the United States to the European kingdoms, which he described as "afraid to trust the people with arms", and assured that "the existence of subordinate governments ... 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 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 the Bill of Rights to assure ratification. In United States v. Cruikshank (1876), the Supreme Court 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 [sic] 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." 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 21st century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller, the Supreme Court handed down a landmark decision that held the amendment protects an individual's right to keep a gun for self-defense. This was the first time the Court had ruled that the Second Amendment guarantees an individual's right to own a gun. In McDonald v. Chicago (2010), the Supreme Court clarified that the Due Process Clause of the Fourteenth Amendment incorporated 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". The debate between various organizations regarding gun control and gun rights continues.

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  1. GWS

    Tiffany Smiley Position On The Second Amendment?

    She's the Republican candidate running against Patty Murray for a WA Senate seat. Does anyone know what her position is on our Second Amendment rights? I won't donate any money till I know where she stands on this.
  2. Lennie

    Stop Treating the Second Amendment as a Second-Class Right | Opinion
  3. DivCurlGrad72

    Oregon  Lane County Second Amendment Sanctuary

    Info from OFF: Last Chance for Registered Lane County Voters to Sign the SASA Petition. The Second Amendment Sanctuary Amendment would turn Lane County into a Sanctuary for gun owners. The SASA will not protect felons in the possession of a gun and it does not protect anyone using a gun to...
  4. 3MTA3

    National  Using The Tactics Of The Left To Protect The Second Amendment

    Several states are using the Firearm Sanctuary strategy to prevent Federal erosion of firearm rights. I had no idea that the "Sanctuary" model it's based on began in Oregon. What is great about this approach is that the left can't claim it's invalid without invalidating the "Sanctuaries" they...
  5. Brenton 541

    For the love of the second amendment and enjoying firearms

    Hear to buy sell trade learn and collect
  6. ATCclears

    International  Czech's implement their own Second Amendment

    The amendment states that "the right to defend one's life or the life of others, even with the use of weapons, is guaranteed."
  7. Lennie

    Colion Noir: Liberals want to stack one law on top of another to push out Second Amendment
  8. Pete F

    Columbia County Second Amendment Sanctuary Ordinance in trouble

    This if from OFF, but much of it has been verified - "We are in a very expensive legal fight in Columbia County where the commissioners have stomped on the will of the people. They replaced the Second Amendment sanctuary ordinances, invoked by the people, with their own weaker version and then...
  9. The Heretic

    Oregon  Second Amendment sanctuaries facing 1st court test in Oregon
  10. rdb241

    Montana Gov Signs Bill Protecting Second Amendment from Federal Overreach
  11. Nws679

    National  Second Amendment Sanctuaries Map

    A growing trend for the positive.
  12. Lesliet

    A very good set of arguments for the true purpose of the second amendment. Interesting article talking about Madison's writings in The Federalist Papers, and demonstrating his point of view that the right to bear arms by the people was intended to prevent the...
  13. DivCurlGrad72

    Oregon  Yamhill County Second Amendment Sanctuary Ordinance

    Request from OFF to support the Yamhill County SASO: It would be good to get one more green puzzle piece:
  14. bentoncity

    Second Amendment Legislation in Iowa & Missouri needed HERE

    Two states, Iowa & Missouri have bills ( "Second 2 Amendment Preservation Act" ) before their legislatures that literally eviscerate any Federal attempts to destroy/overide the 2nd Amendment! The bills are not identical but are exactly what's needed to put a stop to biden and the feds anti-2A...
  15. pizdous

    Views on Gun Control - Sammy Gravano

    This is why we need to fight to keep our 2nd amendment. Good video.
  16. T

    Newsweek 12/14/20 Stock up on Second Amendment Supplies, Lin Wood
  17. coop44

    Washington  Second amendment language

    Being a student of firearms, I take regulated to mean a fire arms sights have been aligned with the barrel to a specific point of aim corresponding with the point of impact. It is a term applied to more recently to double rifles and shotguns, but could be applied to single barrel rifles and...
  18. RicInOR

    Massad Ayoob Named President Of Second Amendment Foundation.

    HE’S A GOOD GUY: Massad Ayoob Named President Of Second Amendment Foundation.
  19. RicInOR

    Other State  Gun Stores Have Standing to Raise Their Customers' Second Amendment Rights

    Gun Stores Have Standing to Raise Their Customers' Second Amendment Rights Maryland Shall Issue v. Hogan, Maryland Shall Issue v. Hogan, The district court will now need to consider whether the Maryland law is consistent with the Second Amendment.
  20. RicInOR

    International  It Looks Like the Czech Republic Might Get a Second Amendment

    It Looks Like the Czech Republic Might Get a Second Amendment " Well, sort of. Following the Velvet Revolution, the newly formed Czech Republic passed a law legalizing the purchase of a firearm for citizens without criminal records. Although the former Czechoslovakia had a rich history of...
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