This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Importantly, the Supreme Court has clearly stated that the Second Amendment does not protect assault weapons. District of Columbia v. Heller, 554 U.S. 570, 624-25, 627-28 (2008).
As Justice Scalia pointed out in Heller, a militia is, therefore, a "subset of 'the people. '" This, he argued, creates a strong presumption that the Second Amendment right is an individual one that belongs to all Americans rather than a right only for those who serve in a militia.
Age Limitations: The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns. Federal law prohibits the sale of firearms to individuals under these age limits, and many states have enacted similar restrictions.
“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
As a Texan: Yes, Texas does allow for the Constitutional Right to legally carry a loaded RIFLE in your vehicle, unless you are otherwise prohibited from possession of said rifle. We also allow Freedom of Religion, Freedom of Speech, Protects Against Illegal Search And Seizure, and the Right to a Fair Trial.
Texas Gun Laws “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”
A: YES. Handgun License holders can enter the public areas of City properties, walk along city streets and sidewalks, or any area that is open to any other member of the public. For instance, they can enter a public lobby or customer service area of a City building.
Cruikshank, one of the Court's holdings was that the Second Amendment only prevented the federal government from infringing on a person's right to bear arms. In other words, the Second Amendment's guarantees do not protect people from private actors or state governments that may try to prevent them from bearing arms.