| − | One of the first people to advance the notion that the Second Amendment was never for individuals but was instead a "collective right", was [[Warren Burger]], who in 1990 wrote an article in Parade Magazine arguing a limited context based on the needs of only a state, not individuals.<ref>[https://guncite.com/burger.html The Right To Bear Arms], By Warren E. Burger, Chief Justice of the United States (1969-86), Parade Magazine, January 14, 1990, page 4</ref><ref>[https://buckscountyherald.com/stories/no-confusion-in-meaning-of-the-second-amendment,10169 No confusion in meaning of the Second Amendment]</ref> Burger's rationale was never a part of official Supreme Court opinions nor was it a part of a long and well-researched historical work with deep citations and long quotes. Rather, the entire article is roughly 900 words and happily takes several facts out of context.<ref>[https://davekopel.org/2A/Mags/crburger.htm]</ref> | + | One of the first people to advance the notion that the Second Amendment was never for individuals but was instead a "collective right", was [[Warren Burger]], who in 1990 wrote an article in Parade Magazine arguing a limited context based on the needs of only a state, not individuals.<ref>[https://guncite.com/burger.html The Right To Bear Arms], By Warren E. Burger, Chief Justice of the United States (1969-86), Parade Magazine, January 14, 1990, page 4</ref><ref>[https://buckscountyherald.com/stories/no-confusion-in-meaning-of-the-second-amendment,10169 No confusion in meaning of the Second Amendment]</ref> Burger's rationale was never a part of official Supreme Court opinions nor was it a part of a long and well-researched historical work with deep citations and long quotes. Rather, the entire article is roughly 900 words and happily takes several facts out of context.<ref>[https://davekopel.org/2A/Mags/crburger.htm Warren Burger and the Second Amendment]</ref> |
| | Afterwards, lower federal courts became much more comfortable interpreting the Second Amendment as protecting merely a collective right of state militias now that they had the weight of a former Chief Justice lending power to such claims.<ref>http://www.davekopel.com/2A/LawRev/35finalpartone.htm</ref> However, the [[U.S Supreme Court]] has always called it an individual right. The 2008 Supreme Court decision of ''[[District of Columbia v. Heller]]'' ruled 5–4 that the Second Amendment protects an individual right. This decision was expanded upon in ''[[McDonald v. Chicago]]'' two years later, which ruled that Second Amendment applies to protect individual rights against state and city laws also. | | Afterwards, lower federal courts became much more comfortable interpreting the Second Amendment as protecting merely a collective right of state militias now that they had the weight of a former Chief Justice lending power to such claims.<ref>http://www.davekopel.com/2A/LawRev/35finalpartone.htm</ref> However, the [[U.S Supreme Court]] has always called it an individual right. The 2008 Supreme Court decision of ''[[District of Columbia v. Heller]]'' ruled 5–4 that the Second Amendment protects an individual right. This decision was expanded upon in ''[[McDonald v. Chicago]]'' two years later, which ruled that Second Amendment applies to protect individual rights against state and city laws also. |