The Second Amendment guarantees the right to keep arms without specifying the types, and the right to bear arms without limiting it to a specific place: 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. In District of Columbia v. Heller (2008), the U.S. Supreme Court held that the right extends to individuals and invalidated the Districts handgun ban. And in McDonald v. City of Chicago (2010), the Court held that the right extends to the states through the Fourteenth Amendment and struck down Chicagos handgun ban.
Taking Heller Seriously
Where Has the Roberts Court Been, and Where Is it Headed, on the Second Amendment?
Also published in Charleston Law Review (2018) Mon. January 1, 2018
Stephen P. Halbrook is a Senior Fellow at the Independent Institute and author of the Independent books The Right to Bear Arms, Gun Control in Nazi-Occupied France, Gun Control in the Third Reich, The Founders Second Amendment and That Every Man Be Armed.
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