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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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Associated Press  

Tuesday, December 4, 2018

Should social media check be required to get a gun license?

Should authorities be able to deny handgun licenses for hateful tweets?A New York lawmaker is raising the question ...

CNY Central  

Tuesday, December 4, 2018

New York: Privacy groups oppose state gun control proposal

A gun control proposal in the New York State Legislature is getting some push-back from privacy groups.

Buffalo News  

Thursday, November 29, 2018

New York: Reveal your passwords? Gun bill threatens more than 2nd Amendment

Do the math and you can understand why Andrew Cuomo and most members of the State Legislate easily ...

Politico  

Wednesday, November 7, 2018

Senate will keep cranking out Trump judicial, Cabinet nominees

President Donald Trump would have loved to see Republicans keep their grip on the House of Representatives in ...

MassLive  

Monday, November 5, 2018

Firearm restrictions in Boston and Brookline don't violate Second Amendment, appeals court says

Cities and towns with restrictions on more than half of licenses include Springfield, Lowell, New Bedford, Newton and ...

Reason  

Thursday, October 18, 2018

Why 'Gun Culture' Is Every Bit a Part of America as 'Speech Culture'

"We often hear the term 'gun culture' being thrown around as invective," says David Harsanyi in his new ...

The American Spectator  

Wednesday, October 17, 2018

How Guns Made America

Andrew Cuomo recently blurted out that “America has never been great.” The remark generated the predictable reaction and ...

Houston Chronicle  

Monday, October 15, 2018

With Kavanaugh on court, gun laws could be targeted

At a minimum, Kavanaugh appears to be a vote for the Supreme Court to consider cases involving the ...

Eagle Tribune  

Tuesday, October 9, 2018

Massachusetts: Healey's rival focuses on gun control issues

"She is violating the Second Amendment," Republican Jay McMahon, a Bourne-based attorney challenging Healey in the Nov. 6 ...

The Federalist  

Thursday, October 4, 2018

Lawmakers' New Anti-Gun Laws Are Also An Attack On Due Process

The notion that certain Americans are preemptively guilty of wrongdoing, whether there’s any corroborating evidence to back up ...

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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.