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.
The California law requires applicants to demonstrate “good cause” for carrying a weapon, like working in a job with a security threat — a restriction sharply attacked by gun advocates as violating the Second Amendment right to bear arms.
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.
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.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York.
In California, Hawaii, Maryland, Massachusetts, New Jersey and New York, the Supreme Court's decision invalidates laws requiring permit applicants to prove they have a special need to carry a concealed firearm.
WASHINGTON — The Supreme Court on Thursday upheld the rights of gun owners to carry a loaded weapon in public, ruling that the 2nd Amendment right to “bear arms” overrides laws in New York and California that restrict who may legally take guns when they leave home.
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 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.