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Thread: Does the Second Amendment give individuals the right to bear arms?

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    Olympic Champ RYou's Avatar
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    Default Does the Second Amendment give individuals the right to bear arms?

    USA Poll
    http://www.usatoday.com/news/quickqu.../popup5895.htm

    Apparently the USAG doesn't think so, but he's only a lawyer. The Second Amendment holds the distinction of being the only amendment to the Bill of Rights that essentially goes unenforced. The U.S. Supreme Court has never struck down any piece of legislation on Second Amendment grounds, in part because justices have disagreed on whether the amendment is intended to protect the right to bear arms as an individual right....... or as a component of the "well-regulated militia."

    Text of Amendment:

    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.
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    Default Re: Does the Second Amendment give individuals the right to bear arms?

    I'll give up my AK-47 when you pry it from my cold, dead fingers. (It's just for recreational use, hunting, target practice, terrorizing my neighbors and getting to the front of the line at McDonald's.)
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    Default Re: Does the Second Amendment give individuals the right to bear arms?

    Quote Originally Posted by RYou View Post
    The U.S. Supreme Court has never struck down any piece of legislation on Second Amendment grounds
    DC banned some guns for a while, the supreme court overturned it recently, I thought it was on 2nd ammendment grounds, am I wrong?
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    Default Re: Does the Second Amendment give individuals the right to bear arms?


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    Olympic Champ RYou's Avatar
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    Default Re: Does the Second Amendment give individuals the right to bear arms?

    Quote Originally Posted by FloggingSully View Post
    DC banned some guns for a while, the supreme court overturned it recently, I thought it was on 2nd ammendment grounds, am I wrong?
    Right, kinda. The justices struck down the portion of the DC regulations act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock. It didn't address the right to bear arms. Also, it applied to DC which is federal territory so technically it did not apply to nationally to state laws. But it will finally get addressed as the Justices take on the the City of Chicago gun law.


    High court seems ready to overturn Chicago gun ban
    March 2, 2010 11:04 PM | 63 Comments | UPDATED STORY

    http://www.chicagobreakingnews.com/2...ase-today.html

    Most of the Supreme Court justices who two years ago said the 2nd Amendment protects individual gun rights signaled during arguments Tuesday they are ready to extend this right nationwide and to use it to strike down some state and local gun regulations.

    Since 1982, Chicago has outlawed hand guns in the city, even for law-abiding residents who sought to keep one at home. That ordinance was challenged by several city residents who said it violated their rights "to keep and bear arms" under the Second Amendment.

    The case forced the high court to confront a simple question it had never answered: Did the 2nd Amendment limit only the federal government's ability to regulate guns and state militias, or did it also give citizens a right to challenge state and local restrictions on guns?
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