Category Archives: Second Amendment

Do you exercise your Second Amendment Rights while riding?
Topics of this Ride: Exercising your Second Amendment Rights While Riding - Where to carry (On your Person is an Advantage) - Types of Holsters (Pocket, IWB,...

By: LordTimelord

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Do you exercise your Second Amendment Rights while riding? - Video

Second Amendment Man Drug PSA
Made this for a humanities drug PSA and it was quite entertaining to make. Just watch and enjoy. PLEASE NOTE: I do not own the rights to any of the music use...

By: InfectiousShadow

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Second Amendment Man Drug PSA - Video

Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney
Georgia Governor Signs Law Allowing Firearms In Public Places - Judge Andrew Napolitano - Stuart Varney Second Amendment (Constitutional Amendment) Georgia Gets Gun Access =========================...

By: Mass Tea Party

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Georgia Governor Signs Law Allowing Firearms In Public Places - Andrew Napolitano - Stuart Varney - Video

Tony DeTora #39;s Second Amendment Commitment
Tony is asked "just how deep is your commitment to the second amendment?"

By: Tony DeTora

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Tony DeTora's Second Amendment Commitment - Video

School Workbook Redefines Second Amendment
Judge Andrew Napolitano talks about a school workbook that has redefined the Second Amendment. Be sure to visit my blog for more great news and analysis: htt...

By: Brian Carey

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School Workbook Redefines Second Amendment - Video

Michigan 2014 Second Amendment March

By: NEWREVOLUTIONONE

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Michigan 2014 Second Amendment March - Video

Garden of Gethsemane and the Second Amendment Part 2 What

By: Dennis Cain

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Garden of Gethsemane and the Second Amendment Part 2 What - Video

billkeyz talking about gun control the Second Amendment NRA
Info: youtube: https://www.youtube.com/user/BillKeyz9 Twitter: https://twitter.com/BillKeyz Twitch: http://www.twitch.tv/billkeyz #teambillkeyz: https://plus...

By: Billy Kiff

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billkeyz talking about gun control the Second Amendment NRA - Video

Amendment Text | Annotations

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.

Prior to the Supreme Court's 2008 decision in District of Columbia v. Heller,1 the courts had yet to definitively state what right the Second Amendment protected. The opposing theories, perhaps oversimplified, were (1) an "individual rights" approach, whereby the Amendment protected individuals' rights to firearm ownership, possession, and transportation; and (2) a "states' rights" approach, under which the Amendment only protected the right to keep and bear arms in connection with organized state militia units.2 Moreover, it was generally believed that the Amendment was only a bar to federal action, not to state or municipal restraints.3

However, the Supreme Court has now definitively held that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.

In Heller, the Court held that (1) the District of Columbia's total ban on handgun possession in the home amounted to a prohibition on an entire class of "arms" that Americans overwhelmingly chose for the lawful purpose of self-defense, and thus violated the Second Amendment; and (2) the District's requirement that any lawful firearm in the home be disassembled or bound by a trigger lock also violated the Second Amendment, because the law made it impossible for citizens to use arms for the core lawful purpose of self-defense.

The Court reasoned that the Amendment's prefatory clause, i.e., "[a] well regulated Militia, being necessary to the security of a free State," announced the Amendment's purpose, but did not limit or expand the scope of the operative clause, i.e., "the right of the people to keep and bear Arms, shall not be infringed." Moreover, the prefatory clause's history comported with the Court's interpretation, because the prefatory clause stemmed from the Anti-Federalists' concern that the federal government would disarm the people in order to disable the citizens' militia, enabling a politicized standing army or a select militia to rule.

Further, the Court distinguished United States v.Miller,4 in which the Court upheld a statute requiring registration under the National Firearms Act of sawed-off shotguns, on the ground that Miller limited the type of weapon to which the Second Amendment right applied to those in common use for lawful purposes.

In McDonald v. Chicago,5 the Court struck down laws enacted by Chicago and the village of Oak Park effectively banning handgun possession by almost all private citizens, holding that the Fourteenth Amendment incorporated the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense.

The Court reasoned that this right is fundamental to the nation's scheme of ordered liberty, given that self-defense was a basic right recognized by many legal systems from ancient times to the present, and Heller held that individual self-defense was "the central component" of the Second Amendment right. Moreover, a survey of the contemporaneous history also demonstrated clearly that the Fourteenth Amendment's Framers and ratifiers counted the right to keep and bear arms among those fundamental rights necessary to the Nation's system of ordered liberty.

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Second Amendment - U.S. Constitution - FindLaw

The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals[1][2] to keep and bear arms.[3][4][5][6] The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices.[7]State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments comprising the Bill of Rights.

The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.[8]

In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence" and limited the applicability of the Second Amendment to the federal government.[9] In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a reasonable relationship to the preservation or efficiency of a well regulated militia.[10][11]

In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest.[11] In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision, expressly holding the amendment to protect an individual right to possess and carry firearms.[12][13] In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government.[14] Despite these decisions, the debate between the gun control and gun rights movements and related organizations continues.[15]

There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, and various published transcriptions.[16][17][18][19][20][21][22][23] The importance (or lack thereof) of these differences has been the source of debate regarding the meaning and interpretation of the amendment, particularly regarding the importance of the prefatory clause.

One version was passed by the Congress,[24][25][26][27][28]

As passed by the Congress and preserved in the National Archives:[29]

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.

As ratified by the States and authenticated by Thomas Jefferson, then-Secretary of State:[30]

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.

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Second Amendment to the United States Constitution ...