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.
District of Columbia v. The Court held that the Second Amendment guarantees an individual right to keep and bear arms, wholly separate from serving in a militia. ing to the Court, individual self-defense is a basic right and represents the "central component" of the Second Amendment right.
§ 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).
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.
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.
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.
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.
U.S. Constitution - Second Amendment.
Constitution of the United States.