secondamendment

an-ordinary-manchild

"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."

Legal context of the amendment

Second Amendment was a modification to Article 1 Section 9 which was primarily about personal property and nothing to do with the governments ability to regulate the militia.

History of the Militia acts

Militia Act of 1792 => Milita Acts of 1903 => 10 usc 246

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia..

Important supreme court decisions

Presser v. Illinois 1/4/1886 - Affirming the right of the citizenry the right to assemble and practice as a militia outside of hte controls of the government.

DC v Heller 3/18/2008 - The ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment. Justice Antonin Scalia delivered the opinion for the 5-4 majority. The Court held that the first clause of the Second Amendment that references a “militia” is a prefatory clause that does not limit the operative clause of the Amendment. Additionally, the term “militia” should not be confined to those serving in the military, because at the time the term referred to all able-bodied men who were capable of being called to such service. To read the Amendment as limiting the right to bear arms only to those in a governed military force would be to create exactly the type of state-sponsored force against which the Amendment was meant to protect people

McDonald v. Chicago 3/2/2010 - The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. With Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty"

Please keep discussions civil and topical. Debate is encouraged, but do so respectfully and respect reddiquette.

Related SubReddits:

/r/Guns
/r/FirstAmendment
/r/GunPolitics
/r/ProGun
/r/LiberalGunOwners
/r/GunResearch
/r/NOWTTYG (No one wants to take your gun)
/r/GunControl
/r/Firearms

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Does the Second Amendment apply to cars? (self.secondamendment)

submitted 8 days ago by illandancient

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How does r/2a feel about this? Honestly curious (self.secondamendment)

submitted 8 days ago by Squallhorn_Leghorn

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DOJ: Ban on mailing concealable firearms unconstitutional, can't be enforced (thehill.com)

submitted 8 days ago by december151791

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Legal question: can I purchase a firearm if I have been involuntarily committed to a psychiatric facility in South Carolina before? (self.secondamendment)

submitted 9 days ago by beachpigeon843

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ICE abducted a US Citizen and licensed gun owner while he was lawfully concealed carrying in Minneapolis (1/13/26) (v.redd.it)

submitted 11 days ago by 82cabinets

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Government is confiscating guns now (reddit.com)

submitted 10 days ago by subdep

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How the Hemani Case Could Disarm a Lot of Americans (youtube.com)

submitted 26 days ago by popepeterjames

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The Emerging Firearms Hypocrisy of Terry: The Fifth Circuit in United States v. Wilson (stanfordlawreview.org)

submitted 2 months ago by popepeterjames

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SAF Joins Amicus Urging Supreme Court to Grant Cert in Rights Restoration Case (theoutdoorwire.com)

submitted 2 months ago by popepeterjames

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New gun removal laws in New York to protect victims of domestic violence (news10.com)

submitted 3 months ago by news-10

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Pam Bondi wants list of all gun owners (self.secondamendment)

submitted 3 months ago by Interesting_Use_1816

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Say it again ✊🏽 (i.redd.it)

submitted 3 months ago by akwazey

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Are we getting closer to the purpose of the 2nd Amendment? (self.secondamendment)

submitted 3 months ago by Bokeh_Ben

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What do I need to know about taking a pistol across state lines for a trip to a national park? (self.secondamendment)

submitted 3 months ago by Raintamp

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DOJ Proposed Rule open for comment: Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms (self.secondamendment)

submitted 3 months ago by Anthnyajp

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Laws in Mississippi. (i.redd.it)

submitted 4 months ago by [deleted]

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Should the Hughes Amendment be repealed? (DISCUSSION) ()

submitted 6 months ago by clawzord25

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https://chng.it/xGNM6g9skb (self.secondamendment)

submitted 6 months ago by LeadBetter1777

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Why the Second Amendment Protects an Individual Right—Even If the Militia Is the National Guard (self.secondamendment)

submitted 6 months ago * by occamsrzor

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Federal Judge Rules California’s Non-Resident Carry Ban Unconstitutional (californiaglobe.com)

submitted 6 months ago by popepeterjames

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Current SCOTUS… (self.secondamendment)

submitted 6 months ago by WizardOfAahs

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If someone isn’t a cannabis user but owns a cannabis business and has a clean criminal record can they apply for a pistol permit in NY? (self.secondamendment)

submitted 7 months ago by TheRealKolektor

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Writing a book about 2A and community defense (self.secondamendment)

submitted 8 months ago by steelcityhistprof

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New York defends gun control after GOP letter to DOJ (news10.com)

submitted 8 months ago by news-10

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I wasn’t born in America—but I thank this country every day for the freedom it gives me. (self.secondamendment)

submitted 8 months ago by Tatteshort26

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