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Abolitionist Lysander Spooner, commenting on bills of rights, stated that the object of all bills of rights is to assert the rights of individuals against the government and that the Second Amendment right to keep and bear arms was in support of the right to resist government oppression, as the only security against the tyranny of government ...
[4]: 104 A right to resist against the government is sometimes cited by proponents of gun ownership to support their position. 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 ...
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.
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 phrase "long train of abuses" is a reference to John Locke's similar statement in the Second Treatise of Government, where he explicitly established overthrow of a tyrant as an obligation. Martin Luther King Jr. likewise held that it is the duty of the people to resist unjust laws.
Some supposed defenders of the right to bear arms react with alarm.
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.
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