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Constitutional Law • 2nd Amendment
CONLAW#076
Legal Definition
The 2nd Amendment right to bear arms protects militia services and the right of individuals to have guns in their home for security purposes. The right is not absolute, and may be regulated if such regulation can be shown to be consistent with the country's historical tradition of firearm regulation.
Plain English Explanation
The 2nd Amendment is probably the most famous, complex, and controversial amendment in the United States. As you likely already know, it gives individuals the right to bear arms, meaning they can own guns. Over the years, the Supreme Court has substantially expanded what this right covers.
The Court has adopted the view that people have the right to keep a handgun at home for protection. They also have the right to carry a handgun in public for self-defense. However, this right is not unlimited. The government can still pass certain gun regulations, but only if there is a long historical tradition of that type of regulation in America. For example, laws banning guns in sensitive places like schools are likely okay. But a broad ban on handguns in cities would go too far.
The Court has adopted the view that people have the right to keep a handgun at home for protection. They also have the right to carry a handgun in public for self-defense. However, this right is not unlimited. The government can still pass certain gun regulations, but only if there is a long historical tradition of that type of regulation in America. For example, laws banning guns in sensitive places like schools are likely okay. But a broad ban on handguns in cities would go too far.
Hypothetical
Hypo 1: Sam wants to carry a handgun for protection while walking in his neighborhood. He applies for a permit under his state's "shall-issue" regime, passes a background check, and completes a safety course. Result: Sam's right to carry a handgun in public for self-defense is protected, as long as he meets the state's requirements, which are based on historical traditions of firearm regulation.
Hypo 2: Bob lives in Hypofornia where there's a total ban on handgun possession at home. Bob files a lawsuit against this ban. Result: The court rules in favor of Bob, stating that the total ban on handgun possession at home violates the Second Amendment's protection of an individual's right to keep and bear arms for self-defense.
Hypo 3: Sam tries to enter a courthouse with his handgun, arguing that he has a right to carry it anywhere for self-defense. Result: The court finds that the prohibition of carrying arms in sensitive places like courthouses is consistent with the country's historical tradition of firearm regulation, and Sam's attempt is not protected by the Second Amendment.
Hypo 2: Bob lives in Hypofornia where there's a total ban on handgun possession at home. Bob files a lawsuit against this ban. Result: The court rules in favor of Bob, stating that the total ban on handgun possession at home violates the Second Amendment's protection of an individual's right to keep and bear arms for self-defense.
Hypo 3: Sam tries to enter a courthouse with his handgun, arguing that he has a right to carry it anywhere for self-defense. Result: The court finds that the prohibition of carrying arms in sensitive places like courthouses is consistent with the country's historical tradition of firearm regulation, and Sam's attempt is not protected by the Second Amendment.
