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On September 4, the Senate voted to change the language of the Second Amendment by removing the definition of militia, and striking the conscientious objector clause: [141] A well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
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
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 ...