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The Second Amendment 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. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right.
Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Confederation and Perpetual Union, gave state governments more authority. Led by Patrick Henry of Virginia, Anti-Federalists worried, among other things, that the position of president, then a novelty, might evolve into a monarchy. Though the Constitution was ratified and supplanted the Articles of Confederation, Anti-Federalist influence helped lead to the passage of the Bill of Rights.
Gun politics is an area of American politics defined by two primary opposing ideologies about civilian gun ownership. People who advocate for gun control support strengthening regulations related to gun ownership; people who advocate for gun rights oppose new regulations or support loosening restrictions related to gun ownership. These groups often disagree on the interpretation of laws and court cases related to firearms as well as about the effects of firearms regulation on crime and public safety. It is estimated that U.S. civilians own 393 million firearms, and that 35% to 42% of the households in the country have at least one gun. The U.S. has by far the highest estimated number of guns per capita in the world, at 120.5 guns for every 100 people.
David T. Hardy is an American private attorney and has practiced law since 1975. A graduate of the University of Arizona Law School, he previously served as an attorney with the U.S. Department of the Interior in Washington, D.C., for ten years and now lives in Tucson, Arizona, where he practices law.
United States v. Miller, 307 U.S. 174 (1939), was a landmark decision of the Supreme Court of the United States that involved a Second Amendment to the United States Constitution challenge to the National Firearms Act of 1934 (NFA).
Harold Foss "Hal" Foster is an American art critic and historian. He was educated at Princeton University, Columbia University, and the City University of New York. He taught at Cornell University from 1991 to 1997 and has been on the faculty at Princeton since 1997. In 1998 he received a Guggenheim Fellowship.
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In the United States, access to guns is controlled by law under a number of federal statutes. These laws regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state agencies and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to federal gun laws, all state governments and some local governments have their own laws that regulate firearms.
District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms in the United States, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or if the right was intended for state militias.
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Stephen P. Halbrook is a senior fellow at the Independent Institute and an author and lawyer known for his litigation on cases involving laws pertaining to firearms. He has written extensively about the original meanings of the Second Amendment and the Fourteenth Amendment. He has argued and won three cases before the US Supreme Court: Printz v. United States, United States v. Thompson-Center Arms Company, and Castillo v. United States. He has also written briefs in many other cases, including the Supreme Court cases Small v. United States and McDonald v. Chicago. In District of Columbia v. Heller, he wrote a brief on behalf of the majority of both houses of Congress. He has written many books and articles on the topic of gun control, some of which have been cited in Supreme Court opinions. He has testified before congress on multiple occasions. Halbrook's most popular book is That Every Man Be Armed, originally published in 1986. The book is an analysis of the legal history and original intent of the Second Amendment.
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Joyce Lee Malcolm is the Patrick Henry Professor of Constitutional Law and the Second Amendment at George Mason University School of Law. She has been called "the leading historian on the history of English gun control and gun rights" by David Kopel.
Federico Finchelstein is an Argentine historian and chair of the history department at the New School for Social Research and is director of the Janey Program in Latin American Studies.
James David Wright was an American sociologist. He had been the Provost's Distinguished Research Professor in the Department of Sociology at the University of Central Florida since 2001. Since 2013, he had also been a Pegasus Professor there. He wrote 17 books and over 250 peer-reviewed papers. From 1978 until 2014, he was the editor-in-chief of the academic journal Social Science Research.
Michael Peter Davis is an American philosopher and educator. He is a professor of philosophy at Sarah Lawrence College.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for an unrestricted license to carry a concealed pistol on their person to show "proper cause", or a special need distinguishable from the general public, in their application.
References
- ↑ A Well-Regulated Militia by Saul Cornell - Barnes&Noble.com
- ↑ Saul Cornell - Curriculum Vitae [ permanent dead link ]
- ↑ Saul Cornell - Fordham University Faculty
- ↑ "What the "right to bear arms" really means" by Saul Cornell
- ↑ Cornell, Saul (2021-11-10). "The Supreme Court's Latest Gun Case Made a Mockery of Originalism". Slate Magazine. Retrieved 2022-06-03.
- ↑ Saul Cornell - Curriculum Vitae [ permanent dead link ]
- ↑ Brief in Support of Petitioner
- ↑ "Should New Yorkers Be Allowed to Carry Concealed Guns?". Fordham Newsroom. 2022-06-02. Retrieved 2022-06-03.
