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| | Early justices of the [[Supreme Court of the United States]], such as the preeminent Justice [[Joseph Story]], considered the Second Amendment to be a fundamental right for overall liberty. | | Early justices of the [[Supreme Court of the United States]], such as the preeminent Justice [[Joseph Story]], considered the Second Amendment to be a fundamental right for overall liberty. |
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| | + | ==State laws== |
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| | + | As reported by [[CNN]]:<ref>https://www.cnn.com/2021/04/26/politics/supreme-court-second-amendment-case/index.html</ref> |
| | + | {{cquote|Three states -- [[California]], [[Florida]], and [[Illinois]] -- and the [[District of Columbia]] generally prohibit people from openly carrying firearms in public. Two states -- [[New York]] and [[South Carolina]] -- prohibit openly carrying handguns, but not long guns, and another three states -- [[Massachusetts]], [[Minnesota]], and [[New Jersey]] -- prohibit openly carrying long guns, but not handguns. In the remaining states, people are generally allowed to openly carry firearms, although some states require a permit or license to do so.}} |
| | == Supreme Court Decisions == | | == Supreme Court Decisions == |
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| | *''[[McDonald v. Chicago]]'' (2010) (merely extended the ''Heller'' decision to apply against State and local laws, too). | | *''[[McDonald v. Chicago]]'' (2010) (merely extended the ''Heller'' decision to apply against State and local laws, too). |
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| − | ==Comments==
| + | ==Individual right== |
| − | The meaning of this amendment is controversial with respect to [[gun control]] and what type of weapons are covered.
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| − | ===Individual right===
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| | The [[National Rifle Association]], which supports gun rights, has a stone plaque in front of its headquarters bearing the words "The right of the people to keep and bear arms shall not be infringed." By dropping the "militia" phrase, the slogan advocates that the Second Amendment should mean that individual citizens have the right to own and use guns. | | The [[National Rifle Association]], which supports gun rights, has a stone plaque in front of its headquarters bearing the words "The right of the people to keep and bear arms shall not be infringed." By dropping the "militia" phrase, the slogan advocates that the Second Amendment should mean that individual citizens have the right to own and use guns. |
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| | As of 2007, people argue about the meaning of the Second Amendment, but there is no definitive answer. The latest ruling is ''Parker v District of Columbia'', in which the DC Circuit court of appeals ruled on March 9, 2007, that the [[Washington, D.C.|DC]] gun ban violated individual rights under the Second Amendment. | | As of 2007, people argue about the meaning of the Second Amendment, but there is no definitive answer. The latest ruling is ''Parker v District of Columbia'', in which the DC Circuit court of appeals ruled on March 9, 2007, that the [[Washington, D.C.|DC]] gun ban violated individual rights under the Second Amendment. |
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| − | ===The One Comma vs. The Three Comma Debate===
| + | ==The One Comma vs. The Three Comma Debate== |
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| | '''''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.''''' | | '''''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.''''' |
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| | Before beginning, one must note that common nouns, like "state" and "people," were often capitalized in official and unofficial documents of the era. Also, an obsolete formation of the letter "s" used to indicate the long "s" sound was in common usage. The long 's' is subject to confusion with the lower case 'f', therefore, Congress" is sometimes spelled as "Congrefs," as is the case in the parchment copy of the Bill of Rights displayed by the National Archives. The quotations listed here are accurate. With the exception of the omission of quotations marks, versions of what is now known as the Second Amendment in boldface appear with the exact spelling, capitalization, and punctuation as the cited originals. | | Before beginning, one must note that common nouns, like "state" and "people," were often capitalized in official and unofficial documents of the era. Also, an obsolete formation of the letter "s" used to indicate the long "s" sound was in common usage. The long 's' is subject to confusion with the lower case 'f', therefore, Congress" is sometimes spelled as "Congrefs," as is the case in the parchment copy of the Bill of Rights displayed by the National Archives. The quotations listed here are accurate. With the exception of the omission of quotations marks, versions of what is now known as the Second Amendment in boldface appear with the exact spelling, capitalization, and punctuation as the cited originals. |
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| − | ===Chronological History===
| + | ==Chronological History== |
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| | During ratification debates on the Constitution in the state conventions, several states proposed amendments to that charter. Anti-Federalist opposition to ratification was particularly strong in the key states of New York and Virginia, and one of their main grievances was that the Constitution lacked a declaration of rights. During the ratification process, Federalist James Madison became a champion of such a declaration, and so it fell to him, as a member of the 1st Congress, to write one. On June 8, 1789, Madison introduced his declaration of rights on the floor of the House. One of its articles read: | | During ratification debates on the Constitution in the state conventions, several states proposed amendments to that charter. Anti-Federalist opposition to ratification was particularly strong in the key states of New York and Virginia, and one of their main grievances was that the Constitution lacked a declaration of rights. During the ratification process, Federalist James Madison became a champion of such a declaration, and so it fell to him, as a member of the 1st Congress, to write one. On June 8, 1789, Madison introduced his declaration of rights on the floor of the House. One of its articles read: |