Changes

:This circuit has explained that "the Second Amendment guarantees a collective rather than an individual right." United States v. Warin, 530 F.2d 103, 106 (6th Cir. 1976); see United States v. Miller, 307 U.S. 174, 178, 83 L. Ed. 1206, 59 S. Ct. 816 (1939) (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"). In any event, we note that the Second Amendment could not apply to this case. The Supreme Court has held that the Due Process Clause of the Fourteenth Amendment does not incorporate the Second Amendment; hence, the restrictions of the Second Amendment operate only upon the Federal Government. Presser v. Illinois, 116 U.S. 252, 264-65, 29 L. Ed. 615, 6 S. Ct. 580 (1886); United States v. Cruikshank, 92 U.S. 542, 553, 23 L. Ed. 588 (1876).  

:This circuit has explained that "the Second Amendment guarantees a collective rather than an individual right." United States v. Warin, 530 F.2d 103, 106 (6th Cir. 1976); see United States v. Miller, 307 U.S. 174, 178, 83 L. Ed. 1206, 59 S. Ct. 816 (1939) (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"). In any event, we note that the Second Amendment could not apply to this case. The Supreme Court has held that the Due Process Clause of the Fourteenth Amendment does not incorporate the Second Amendment; hence, the restrictions of the Second Amendment operate only upon the Federal Government. Presser v. Illinois, 116 U.S. 252, 264-65, 29 L. Ed. 615, 6 S. Ct. 580 (1886); United States v. Cruikshank, 92 U.S. 542, 553, 23 L. Ed. 588 (1876).  

[[category:Circuit Cases]]

[[category:Circuit Cases]]

[[category:Second Amendment]]

[[category:Second Amendment]]

[[category:Fourteenth Amendment]]

[[category:Fourteenth Amendment]]