Category Archives: Second Amendment

Second Amendment: The right to bear armsWhat is the Second Amendment?There are two principle versions of the Second Amendment: one version was passed by Congress, while the other is found in the copies distributed to each individual state and later ratified by themAs passed by the Congress: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: 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 Defined:The Second Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 2nd Amendment:The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms.The right to arm oneself is viewed as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, the right to bear arms was instituted within the Bill of Rights to suppress insurrection, participate and uphold the law, enable the citizens of the United States to organize a militia, and to facilitate the natural right to self-defense.The Second Amendment was developed as a result of the tyrannous rule of the British parliament. Colonists were often oppressed and forced to pay unjust taxes at the hand of the unruly parliament. As a result, the American people yearned for an Amendment that would guarantee them the right to bear arms and protect themselves against similar situations. The Second Amendment was drafted to provide for the common defense and the general welfare of the United States through the ability to raise and support militias.Court Cases Tied into the Second AmendmentIn District of Columbia v. Heller the Supreme Court ruled that the Second Amendment protects an individuals right to possess a firearm to use for traditionally lawful purposes, such as defending oneself within their home or on their property. The court case ruled that the Amendment was not connected to service in a militia.ControversyThe gun debate in the United States widely revolves around the intended interpretation of the Second Amendment. Those who support gun rights claim that the founding fathers developed and subsequently ratified the Second Amendment to guarantee the individuals right to keep and bear arms. Those who want more stringent gun laws feel that the founding fathers directed this Amendment solely to the formation of militias and are thus, at least by theory, archaic.State Timeline for Ratification of the Bill of RightsNew Jersey:November 20, 1789; rejected article IIMaryland:December 19, 1789; approved allNorth Carolina:December 22, 1789; approved allSouth Carolina: January 19, 1790; approved allNew Hampshire: January 25, 1790; rejected article IIDelaware: January 28, 1790; rejected article INew York: February 27, 1790; rejected article IIPennsylvania: March 10, 1790; rejected article IIRhode Island: June 7, 1790; rejected article IIVermont: November 3, 1791; approved allVirginia: December 15, 1791; approved all

Second Amendment: The right to bear arms What is the Second Amendment? There are two principle versions of the Second Amendment: one version was passed by Congress, while the other is found in the copies distributed to each individual state and later ratified by them

As passed by the Congress: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: 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 Defined:

The Second Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.

The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.

Stipulations of the 2nd Amendment:

The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms.

The right to arm oneself is viewed as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, the right to bear arms was instituted within the Bill of Rights to suppress insurrection, participate and uphold the law, enable the citizens of the United States to organize a militia, and to facilitate the natural right to self-defense.

The rest is here:

2nd Amendment - Laws

At the National Rifle Associations annual meeting in Indianapolis Friday, six potential Republican candidates for president touted their pro-gun bona fides and pledged allegiance to the Second Amendment.

But none got quite as personal as Rick Santorum, a runner-up for the 2012 nomination. The former Pennsylvania senator said every member of his family is an NRA member, including 5-year-old daughter Bella. He and his wife, Karen, have conceal-and-carry permits. She even owns more guns than him now.

The default gift for most men is to buy flowers on a special occasion, Santorum said. For me, the safe bet [is] ammo.

He wasnt done.

(PHOTOS: Rick Santorums career)

Santorum warned the activists against putting too much stock in the platitudes of others.

Lots of folks are going to come out when things look easy and say all the right things, he said, but when things get tough and you know that happens particularly on the Second Amendment one of the things you need to look at iswhether the person theyre sleeping with also happens to hold the same position they do on this issue.

Now, in my case, the person I sleep with is my wife, he added. That is not always the case in politics!

The crowd roared.

And I can tell you, he said, you are safe with me.

Read the rest here:

Party of guns: 2016ers speak to NRA

AP Photo

A liberal former Supreme Court justice, still outspoken and influential in retirement, is pushing to change the Constitution's Second Amendment in a way that could lead to massive gun confiscations in states.

John Paul Stevens, 94, who retired in 2010, would rewrite the Second Amendment in a way that would allow only state militia members to be armed, a radical change from the current lay of the land spelled out in several high court decisions.

In his new book Six Amendments: How and Why We Should Change the Constitution, being played up in the media, Stevens would make clear that only militias, not citizens, have a right to guns.

The current wording is: 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. His proposal would read: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms when serving in the militia shall not be infringed.

In his book and interviews to promote it, Stevens said that shootings like the December 2012 school slayings in Newtown, Conn., sparked his anti-gun plan and made him more passionate about speaking out against private gun ownership, especially of handguns.

He told the PBS NewsHour that federal judges should not be involved in deciding gun ownership. Well, it would be my ultimate hope that legislatures would decide the issues, and not be hampered by constitutional restrictions, because clearly, legislators are in a much better position than judges are to decide what could be permissible in different contexts.

Stevens added, The effect of the Second Amendment as it is now construed is to make federal judges the final arbiters of gun policy, which is quite, quite wrong, I think, and quite contrary to what the framers intended when they drafted the Second Amendment, to protect states from the danger that a strong federal armed force would have been able to the states of their own militias.

The National Rifle Association was quick to react. We strongly disagree with his viewpoint, said spokesman Andrew Arulanandam from Indianapolis, where the NRA is holding it's week-long annual meeting. Our Founding Fathers believed that the Second Amendment is the one right that secures all the others; while former Justice Stevens may disagree with them, this remains a historical fact, he told Secrets.

In his book, Stevens claims that the court has wrongly expanded the Second Amendment. One decision he seems mad about was written in 2008 and ruled that the Second Amendment protects a civilians right to keep a handgun in his home for self-defense.

More here:

Ex-Supreme Court justice pushes gun grab, 2nd Amendment rewrite

Sacramento, California (PRWEB) April 24, 2014

Following a landmark Ninth Circuit decision correctly holding that the Second Amendment protects a fundamental right to bear arms for self-defense outside of our homes, Assemblyman Tim Donnelly (R-Twin Peaks) has introduced the most sweeping reform of Californias handgun carry license laws since their establishment in 1923.

AB 1563 fixes Californias handgun carry license system by implementing a fair, efficient, and effective framework that eliminates the burden on local law enforcement while still requiring background checks and that licensees be law-abiding people, said Donnelly of the bill. What were doing is unwinding decades of unconstitutional laws and replacing them with a framework that respects our Second Amendment rights, bringing us in line with dozens of other states.

Under the existing system, sheriffs and municipal chiefs of police, who each have local rules that vary widely, are empowered to issue licenses to their residents. In many cases, these local agencies failor outright refuseto follow existing state law, creating a maze of different regulations riddled with discretionary abuse and unequal treatment of applicants. Some cities and counties have continued to deny law-abiding people their pre-existing right to bear arms, despite the court decisions. AB 1563 will consolidate the license processes under the states umbrella by establishing a single, objective standard under the jurisdiction of one issuing authority.

Californians deserve the same treatment of their Second Amendment rights as they expect for the rest of the Bill of Rights, continued Donnelly. The great disparity in policy and process across hundreds of California licensing authorities begs for a uniform system that protects their civil rights, conforms to precedent, and furthers the states narrowly-tailored interest in regulating the right to carry.

California is expected to see a skyrocketing number of handgun carry licensees, with some estimates reaching over 1.4 million new permits over next 24 monthsa striking increase from the 56,000 reported in 2013 by the California Department of Justice.

Brandon Combs, president of California Association of Federal Firearms Licensees (CAL-FFL), the bills sponsor, said, Our current system, nearly a century old, is riddled with discretionary abuse and practices that chill the exercise of rights our Founders knew to pre-exist government itself. Its time for California to go mainstream and join the 41 other states that have a fair and objective system. AB 1563 takes California out of the civil rights Stone Age.

Our civil rights do not end at the city, county, or state lines. When the only people who are legally carrying in downtown Los Angeles are residents of Orange County, the system needs to be scrapped and fixed for good. AB 1563 does just that, said Donnelly.

AB 1563 will be heard in the Assembly Public Safety Committee on Tuesday, April 29, 2014.

California Association of Federal Firearms Licensees (CAL-FFL) is Californias most tenacious and complete advocacy group for Second Amendment and related economic rights. CAL-FFLs thousands of members include firearm dealers, training professionals, shooting ranges, collectors, consumers, and others who participate in the firearms ecosystem. CAL-FFL advances the interests of its members and the general public through direct lobbying, legal actions, education, and public outreach. To join CAL-FFL, please visit calffl.org/join.

Read more here:

Assemblyman Tim Donnelly Introduces Sweeping Handgun Carry License Reform Bill AB 1563