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.
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.
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.
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.
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.
Andd so, the flip side though is that weapons that are "dangerous and unusual" do not get protection. So even if you might think, oh well that's fairly common. if it's dangerous and unusual. usually meaning if it's mostly used by those who are intent on doing harm unlawfully, then they're not going to be protected.
An example of the Second Amendment is the ability of someone to own a gun in their home for purposes of self-defense. This particular example was upheld in DC vs. Heller and McDonald vs. Chicago.
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.
Second Amendment Right to Bear Arms.
The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights.