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Second Amendment Rights Of Individuals In Collin
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State:
Multi-State
County:
Collin
Control #:
US-000298
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FAQ
In short, the Supreme Court did its job by announcing that the Second Amendment does not protect assault weapons—precisely because they are meant for the battlefield and are not “in common use at the time for lawful purposes.” Id. at 624-25, 627-28; Kolbe, 849 F. 3d at 131.
The Second Amendment protects arms, not firearms,6 and in Heller, the Supreme Court defined an arm as any “weapon of offence” or “thing that a man wears for his defence, or takes into his hands,” that is “carried . . . for the purpose of 'offensive or defensive action.
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
Individuals may apply to the Texas Board of Pardons and Paroles for restoration of firearm rights after they have been granted a full pardon, and instructions and an application form are provided on its website.
In short, the Second Amendment states that as an American citizen, you have the individual right to arm yourself. The amendment also firmly establishes that the government cannot infringe on that right.
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.”
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.
§ 922(g)(1), which prohibits the possession of a firearm by a person convicted of “a crime punishable by imprisonment for a term exceeding one year,” violates the Second Amendment (at least as applied to certain nonviolent offenders).
The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.