| | FindLaw: U.S. Constitution: Second Amendment |
 | | The opposing theories, perhaps oversimplified, are an ''individual rights'' thesis whereby individuals are protected in ownership, possession, and transportation, and a ''states' rights'' thesis whereby it is said the purpose of the clause is to protect the States in their authority to maintain formal, organized militia units. |
 | | Cruikshank, 92 U.S. [Footnote 4] 307 U.S. The defendants had been released on the basis of the trial court determination that prosecution would violate the Second Amendment and no briefs or other appearances were filed on their behalf; the Court acted on the basis of the Government's representations. |
 | | United States, 445 U.S. n.8 (1980) (dictum: Miller holds that the ''Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia'''). |
| caselaw.lp.findlaw.com /data/constitution/amendment02 (978 words) |