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The Second Amendment to the Constitution addressed militias directly. Its clause describing "a well regulated militia" became a point of legal contention in the context of gun control, presenting a dispute as to whether a militia was a prerequisite to gun ownership or if it applied to all citizens in addition to militias.
In his book, Six Amendments: How and Why We Should Change the Constitution, Justice John Paul Stevens for example submits the following revised Second Amendment: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed." [199]
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States.It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and ...
Here’s what Second Amendment actually says: “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.”
“They should demand a repeal of the Second Amendment.” Stevens, 97, argues that the amendment — which states “a well regulated Militia, being necessary to the security of a free State, the ...
The second two models focus on the preamble, or "purpose" clause, of the Amendment – the words "A well regulated Militia, being necessary to the security of a free State." The second model, the collective model, holds that the right to bear arms belongs to the people collectively rather than to individuals, under the belief that the right's ...
Our decisions belie that argument, for the Second Amendment, as noted, was designed to keep alive the militia. Lewis v. United States (1980); Footnote 8 (the Second Amendment guarantees no right to keep and bear a firearm that does not have "some reasonable relationship to the preservation or efficiency of a well regulated militia"); United ...
Upon the final required ratification enabling the Second Amendment reaching Congress January 8, 1792, Congress passed the Militia acts that May, the second on the last day before adjournment. First Militia Act of 1792