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Insurrectionist theory applies primarily to gun owners who arm themselves against perceived governmental tyranny to resist (or overthrow) it. [3] Insurrectionist theory can be divided into two components: Individuals should keep arms and armor as a check on government tyranny. [1] [2] [3] Individuals have a duty to act against tyranny with arms.
The Court however observed with respect to the reach of the Amendment on the national government and the federal states and the role of the people therin: "It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this ...
Chicago, 561 U.S. 3025 (2010) held that the Second Amendment was fully incorporated within the 14th Amendment. This means that the court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government. [88] It also remanded a case regarding a Chicago handgun prohibition.
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.”
The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of the English Crown to have a standing army or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate ...
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010. Credit - Mark Wilson—Getty Images
The Second Amendment to the U.S. Constitution reads: "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." [16] In 1791, the United States adopted the Second Amendment, and in 1868 adopted the Fourteenth Amendment.
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