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The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the ...
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.
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 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.
Unlike the First Amendment—which prohibits abridging the freedom of speech—the Second Amendment bans infringing upon the right to bear arms, a very different construction. This language meant ...
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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 for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles ...