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Second Amendment & the Right to Keep and Bear Arms

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 protects the right of the people to keep and bear arms for defense of life and liberty.

In U.S. v. Cruikshank (1876), Presser v. Illinois (1886), Miller v. Texas (1894) and U.S. v. Miller (1939), the Supreme Court recognized that the amendment protects an individual right. It has never taken a different view. However, in Salina v. Blaksley (1905), the Kansas Supreme Court invented the idea that the amendment instead protected a “right” of a person to keep and bear arms only while serving in a state militia, and in U.S. v. Tot (1942), the U.S. Court of Appeals for the Third Circuit advanced the idea that the amendment protects the “right” of a state to have a militia.

In District of Columbia v. Heller (2008), the Supreme Court heard its first case specifically centered on whether the amendment protects an individual right to arms. Gun control supporters advanced essentially the "Salina" argument, but the Court, consistent with its previous rulings in Second Amendment-related cases, ruled that the amendment protects an individual right to keep arms and to bear arms "in case of confrontation," without regard to a person’s relationship to a militia.

In McDonald v. Chicago (2010), the court extended the Second Amendment's protection nationwide.

Issue Articles
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Los Angeles Times  

Friday, September 14, 2018

The big, dumb controversy that epitomizes the debate over Brett Kavanaugh

During a break in Supreme Court nominee Brett Kavanaugh’s confirmation hearings on Sept. 4, the father of a ...

Washington Examiner  

Friday, September 14, 2018

Gun advocates: The Second Amendment needs Kavanaugh on Supreme Court

Gun rights advocates are stepping into the fight to push conservative federal appeals Judge Brett Kavanaugh across the ...

The Hill  

Wednesday, September 12, 2018

McConnell predicts Senate vote on Kavanaugh in last week of September

Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday said that he expects Brett Kavanaugh's Supreme Court nomination to ...

Fox News  

Monday, September 10, 2018

Kavanaugh avoids traps as chaotic hearing winds down, confirmation vote looms

Judge Brett Kavanaugh on Friday moved a step closer to being seated on the Supreme Court, as four ...

Hartford Courant  

Friday, August 31, 2018

Blumenthal, Murphy Seek Delay Of Confirmation Hearing For Trump's Supreme Court Pick

“Kavanaugh is a Second Amendment radical,’’ Murphy said. “He likely believes that Congress can pass virtually no laws, ...

Fox News  

Wednesday, August 29, 2018

Kavanaugh's staunch gun-rights defense among hundreds of decisions in spotlight

In his 12 years as a judge, Kavanaugh has issued approximately 300 opinions and delivered numerous speeches and ...

The Hill  

Wednesday, August 29, 2018

Pence: In a 'more respectful time,' Kavanaugh would be overwhelmingly confirmed

Vice President Pence on Tuesday blamed a lack of progress on Brett Kavanaugh's nomination to the Supreme Court ...

Daily Caller  

Monday, August 27, 2018

Potential Gun-Related Cases That Could Reach The Supreme Court

Just after Labor Day, the U.S. Senate Judiciary Committee is going to turn to the serious work of ...

Politico  

Friday, August 24, 2018

Kavanaugh popular in Senate battlegrounds

Voters in three conservative states where Senate Democrats are up for reelection want their senators to support Supreme ...

The Hill  

Tuesday, August 14, 2018

Supreme Court nominee Kavanaugh called Scalia a 'hero' and 'role model'

“I loved the guy,” Kavanaugh said in June 2016 at a conference at George Mason Law School. “To ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.