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The first model, the individual-rights model, holds that a right of individuals is to own and possess firearms, much as the First Amendment protects a right of individuals to engage in free speech. [67] This view was confirmed by the Supreme Court in District of Columbia v. Heller (2008) had previous interpretations by the Court.
[196] [197] The opposite of this "individualist" view of gun ownership rights is the "collective-right" theory, according to which the amendment protects a collective right of states to maintain militias or an individual right to keep and bear arms in connection with service in a militia (for this view see for example the quote of Justice John ...
The Bill of Rights 1689 allowed Protestant citizens of England to "have Arms for their Defense suitable to their Conditions and as allowed by Law." This restricted the ability of the English Crown to have a standing army or to interfere with Protestants' right to bear arms "when Papists were both Armed and Imployed contrary to Law" and established that Parliament, not the Crown, could regulate ...
The gun control debate frequently focuses on what the Founders intended when they wrote the Second Amendment into the Bill of Rights, as the first 10 amendments are called.
Passive voice wasn't limited to the Second Amendment; the Framers used it liberally throughout the Bill of Rights. The Fourth Amendment asserts that the right against unlawful search and seizure ...
An individual right to own a gun for personal use was affirmed in Heller, which overturned a handgun ban in the federal District of Columbia. [15] In the Heller decision, the court's majority opinion said that the Second Amendment protects "the right of law-abiding, responsible citizens to use arms in defense of hearth and home."
Meanwhile, the movement to broaden gun rights has blossomed, backed by a conservative-dominated Supreme Court, which vastly expanded the Second Amendment two years ago, and a flurry of state laws ...
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States.It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms 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 ...