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Topic: Second Amendment


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In the News (Sun 20 Dec 09)

  
  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   (848 words)

  
  United States Bill of Rights - Wikipedia, the free encyclopedia
Twelve amendments were originally proposed in 1789, but two failed to be ratified by the states at the same time as the remaining ten.
The second proposed amendment ("Article the second" as presented to the states) was finally ratified in 1992 as the Twenty-seventh Amendment to the Constitution; it restricts the power of Congress to raise their own pay.
The first proposed amendment ("Article the first" as presented to the states) is theoretically still pending before the states, but unlikely to ever be fully ratified.
en.wikipedia.org /wiki/United_States_Bill_of_Rights   (1811 words)

  
 Second Amendment Committee :: About Us
In 1984 she formed the Second Amendment Committee which is a nationwide organization that provides information of benefit to those seeking a peaceful resolution to the gun crisis.
The Second Amendment Committee is not limited in scope and has a broad range of studied subjects available to the public.
The Second Amendment Committee of Hanford, California is independent of any other organization with a similar sounding name or title, and in particular, is NOT and has never been connected in any form or fashion to the Alan Gottlieb Second Amendment Foundation of Bellevue, Washington.
www.libertygunrights.com /aboutus.html   (495 words)

  
 United States House of Representatives - Amendments to the Constitution
The amendment was rejected (and not subsequently ratified) by Mississippi, December 4, 1865.
The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
www.house.gov /Constitution/Amend.html   (2589 words)

  
 WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT   (Site not responding. Last check: 2007-10-08)
Under the "collective right" view, the Second Amendment is a federalism provision that provides to States a prerogative to establish and maintain armed and organized militia units akin to the National Guard, and only States may assert this prerogative.
The Second Amendment's preface identifies as a justification for the individual right that a necessary condition for an effective citizen militia, and for the "free State" that it helps to secure, is a citizenry that is privately armed and able to use its private arms.
Thus, the "people" in the Second Amendment were distinct from the "Militia" and a "State," but a right of the people to keep and bear arms was understood both to facilitate a well-regulated militia and to help maintain a State that was free.
www.usdoj.gov /olc/secondamendment2.htm   (14049 words)

  
 Second Amendment   (Site not responding. Last check: 2007-10-08)
The belief that the second Amendment to the constitution prohibits any and all gun control is the most famous falsehood that the NRA spreads and it is the basis for most of the other lies the NRA tells.
The second amendment says "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."
The obvious answer is again that the NRA knows that the second amendment does not support their position.
members.aol.com /Falconnn/second.html   (593 words)

  
 VPC - Second Amendment
The purpose of the Second Amendment is to guarantee the states' ability to maintain independent militias composed of state residents available to be called upon to defend the country should its security be threatened.
Illinois that the Second Amendment functions only as a check on the power of the federal government preventing it from interfering with a state's ability to maintain a militia and in no way limits the states' powers to regulate firearms.
States, therefore, are not prohibited by the Second Amendment from controlling private ownership of handguns and other categories of firearms in virtually any way they see fit.
www.vpc.org /fact_sht/secondfs.htm   (901 words)

  
 The Embarrassing Second Amendment
To put it mildly, the Second Amendment is not at the forefront of constitutional discussion, at least as registered in what the academy regards as the venues for such discussion --law reviews, [13] casebooks, [14] and other scholarly legal publications.
That is, those who would limit the meaning of the Second Amendment to the constitutional protection of state-controlled militias agree that such protection rests on the perception that militarily competent states were viewed as a potential protection against a tyrannical national government.
The Second Circuit, however, reversed on the ground that it could not "say that as a matter of law appellants were not entitled to the protection of the Third Amendment," Engblom v.
www.firearmsandliberty.com /embar.html   (8242 words)

  
 Constitutional Topic: The Second Amendment - The U.S. Constitution Online - USConstitution.net
Is the amendment one that was created to ensure the continuation and flourishing of the state militias as a means of defense, or was it created to ensure an individual's right to own a firearm.
The first is that the amendment was meant to ensure that individuals have the absolute right to own firearms; the second is that the amendment was meant to ensure that States could form, arm, and maintain their own militias.
As illustrated in the first section, the amendment does appear to have been designed to protect the militias, and it was also designed to protect an individual's right to own and bear a gun.
www.usconstitution.net /consttop_2nd.html   (2259 words)

  
 GunCite-Second Amendment-Original intent and purpose of the Second Amendment
GunCite-Second Amendment-Original intent and purpose of the Second Amendment
Although the amendment emphasizes the need for a militia, membership in any militia, let alone a well-regulated one, was not intended to be a prerequisite for exercising the right to keep arms.
However, if the amendment truly meant what collective rights advocates propose, then the text would read "[a] well regulated Militia, being necessary to the security of a free State, the right of the States to keep and bear Arms, shall not be infringed." However, that is not what the framers of the amendment drafted.
www.guncite.com /gc2ndpur.html   (2433 words)

  
 Amendments to the Constitution of the United States
Amendment XI (The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress.
Amendment XV (The proposed amendment was sent to the states Feb. 27, 1869, by the Fortieth Congress.
Amendment XX (The proposed amendment, sometimes called the “Lame Duck Amendment,” was sent to the states Mar. 3, 1932, by the Seventy-second Congress.
www.infoplease.com /ipa/A0749825.html   (1986 words)

  
 Sources on the Second Amendment and Rights to Keep and Bear Arms in State Constitutions   (Site not responding. Last check: 2007-10-08)
But a conclusive answer to the contention that this amendment prohibits the legislation in question lies in the fact that the amendment is a limitation only upon the power of congress and the national government, and not upon that of the state.
The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress.
That Amendment provides: "[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." This Court has not had recent occasion to consider the nature of the substantive right safeguarded by the Second Amendment.
www.law.ucla.edu /volokh/2amteach/sources.htm   (6847 words)

  
 THE SECOND AMENDMENT AND THE PERSONAL RIGHT TO ARMS
Rather, the Second Amendment adheres to the guarantee of the right of the people to keep and bear arms as the predicate for the other provision to which it speaks, i.e., the provision respecting a militia, as distinct from a standing army separately subject to congressional regulation and control.
For the point to be made with respect to Congress and the Second Amendment[58] is that the essential claim (certainly not every claim--but the essential claim) advanced by the NRA with respect to the Second Amendment is extremely strong.
Indeed, it is only with respect to the Second Amendment that the current state of the law is roughly the same as was the state of the law with respect to the First Amendment's guarantees of freedom of speech and of the press as recently as 1904.
www.guncite.com /journals/vanalful.html   (6449 words)

  
 FindLaw Constitutional Law Center: 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''').
supreme.lp.findlaw.com /constitution/amendment02   (958 words)

  
 The Right to Keep and Bear Arms
We did not speculate as to the intent of the framers of the second amendment; we examined James Madison's drafts for it, his handwritten outlines of speeches upon the Bill of Rights, and discussions of the second amendment by early scholars who were personal friends of Madison, Jefferson, and Washington while these still lived.
The second, in Miller, indicated that a court cannot take judicial notice that a short-barrelled shotgun is covered by the second amendment — but the Court did not indicate that National Guard status is in any way required for protection by that amendment, and indeed defined "militia" to include all citizens able to bear arms.
Halbrook, The Jurisprudence of the Second and Fourteenth Amendments, 4 Geo.
www.constitution.org /mil/rkba1982.htm   (11289 words)

  
 The Unabridged Second Amendment - SAS
The right to keep and bear arms is not said by the amendment to depend on the existence of a militia.
No condition is stated or implied as to the relation of the right to keep and bear arms and to the necessity of a well-regulated militia as requisite to the security of a free state.
As I write this, the attempted coup against constitutional government in the Soviet Union has failed, apparently because the will of the people in that part of the world to be free from capricious tyranny is stronger than the old guard's desire to maintain a monopoly on dictatorial power.
www.2asisters.org /unabridged.htm   (1602 words)

  
 Second Amendment Foundation Online
The Second Amendment Foundation and three Washington State residents have filed a federal lawsuit against a north-central Washington regional library system for denying them access to websites that include information on firearms and publications dealing with guns.
After the Second Amendment Foundation successfully halted the gun seizures in a federal lawsuit, the city undertook a campaign of stonewalling and stalling in an effort to retain those wrongly-confiscated firearms.
July 18, 2007 - BELLEVUE, WA — The Second Amendment Foundation today sent a letter to Martin Baron, editor of the Boston Globe, asking that Globe columnist Steve Bailey be fired for his acknowledged participation in the straw purchase of a handgun in New Hampshire about two years ago.
www.saf.org   (1637 words)

  
 Second Amendment Foundation Online
Furthermore, once the Second Amendment is properly defined as an individual right (hopefully in the Emerson Case), then Article III, Section 1 of the California Constitution would apply the Second Amendment to the State Laws of California.
The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.
www.saf.org /Constitutions.html   (2118 words)

  
 Second Amendment Main Page, Dave Kopel   (Site not responding. Last check: 2007-10-08)
Article in the Journal of Contemporary Law argues that, even putting aside the Second Amendment, "assault weapon" bans are unconstitutional because the guns banned are in no rational way different from other guns.
Why the Columbine High murders should not be exploited to attack the First Amendment or the Second Amendment.
Sanford Levinson (Professor of law and government at the University of Texas) and Dave Kopel discuss the Second Amendment on WBEZ radio, Chicago.
www.davekopel.org /2dAmendment.htm   (4448 words)

  
 WorldNetDaily: Trigger-lock measure assailed as 'gun tax'   (Site not responding. Last check: 2007-10-08)
Second-Amendment defenders are urging Congress to defeat an amendment slipped into an otherwise favorable bill that would require licensed gun dealers to supply a trigger-lock device with every handgun sold, calling it an effective "gun tax" on every weapon sold.
The bill as it originally was introduced by the House of Representatives would help protect the firearms industry from frivolous lawsuits brought by cities, municipalities and radical anti-gun interest groups, said Gun Owners of America, or GOA.
Opponents argue the amendment leads gun owners to the verge of mandatory trigger lock usage, which actually would endanger lives by rendering self-defense firearms useless.
www.worldnetdaily.com /news/article.asp?ARTICLE_ID=46890   (375 words)

  
 Second Amendment to the United States Constit... - Wikipedia, the free encyclopedia
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en.wikipedia.org /wiki/Second_Amendment_to_the_United_States_Constit...   (43 words)

  
 Second Amendment Current News & Events at Lady Liberty's Constitution Clearing House
Trigger-lock measure assailed as 'gun tax' (WorldNetDaily.com): "Second-Amendment defenders are urging Congress to defeat an amendment slipped into an otherwise favorable bill that would require licensed gun dealers to supply a trigger lock device with every handgun sold, calling it an effective 'gun tax' on every weapon sold.
ConocoPhillips target of NRA campaign (Houston Business Journal): "'ConocoPhillips is no friend of the Second Amendment.' That billboard message deployed by the National Rifle Association along Texas freeways puts Houston's biggest public company squarely in the sights of a national group with strong political firepower.
Guns Banned at 'FEMA City' Outside Baton Rouge (CNSNews.com): "A Second Amendment group is expressing 'shock and disbelief' that people seeking refuge at a FEMA compound outside Baker, La., may not bring their firearms with them.
www.ladylibrty.com /2nd_amendment_n.html   (2548 words)

  
 The Right to Bear Arms
The National Rifle Association, which has the Second Amendment (minus the militia clause) engraved on its headquarters building in Washington, insists that the Amendment guarantees the right of individuals to possess and carry a wide variety of firearms.
One, that the Second Amendment is an individual right, but that the right only extends to weapons commonly used in militias (the defendants in Miller were transporting sawed-off shotguns).
Emerson offers a thorough historical and textual analysis of the Second Amendment supporting its conclusion that the Amendment was intended to protect the right of individuals to own and carry firearms.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/beararms.htm   (630 words)

  
 John Lott on John Kerry and the Second Amendment on National Review Online
Last Tuesday Kerry's campaign claimed: "John Kerry's opponents are worried because he's the first Democratic candidate to support Second Amendment gun rights and to be an avid hunter....
Of course, Kerry's claims about being "the first Democratic candidate to support Second Amendment gun rights and to be an avid hunter" are nonsense.
Polling may have convinced Kerry to change his rhetoric, but his voting record and his refusal to "oppose an outright ban on handguns" show his constant endorsements of the Second Amendment mean little.
www.nationalreview.com /comment/lott200409140630.asp   (889 words)

  
 Students for the Second Amendment
Welcome to the homepage of Students for the Second Amendment.
Students for the Second Amendment works on college and university campuses to bring the truth regarding our constitutionally protected rights to students who have been misled by an academic establishment that is often hostile, to true freedom and individual liberty.
Students for the Second Amendment of Florida Commences Operations
www.sf2a.org   (165 words)

  
 The Unabridged Second Amendment
Will we continue obeying judges who decide that the Second Amendment doesn't mean what it says it means but means whatever they say it means in their Orwellian doublespeak ?
Neil Schulman is the award-winning author of novels endorsed by Anthony Burgess and Nobel-economist Milton Friedman, and writer of the CBS "Twilight Zone" episode in which a time-traveling historian prevents the JFK assassination.
Most recently, Schulman has founded the Committee to Enforce the Second Amendment (CESA), through which he intends to see the individual's right to keep and bear arms recognized as a constitutional protection equal to those afforded in the First, Fourth, Fifth, Ninth and Fourteenth amendments.
www.firearmsandliberty.com /unabridged.2nd.html   (1721 words)

  
 Second Amendment Rights Group Cheers Dismissal of Gun Lawsuit -- 02/11/2005
(CNSNews.com) - A Second Amendment rights group is applauding a California appeals court decision to dismiss anti-gun lawsuits brought by several California cities and counties.
The lawsuit, which was originally dismissed by a state superior court judge in March 2003, was filed by Berkeley, Compton, Inglewood, Los Angeles, Sacramento, San Francisco, and West Hollywood as well as the counties of San Mateo and Alameda.
The Second Amendment Foundation Friday called the case, "clearly one more in a series of dismissals of a frivolous legal action against a highly-regulated industry.
www.cnsnews.com /ViewNation.asp?Page=\Nation\archive\200502\NAT20050211b.html   (496 words)

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