THE RIGHT TO KEEP AND BEAR ARMS FROM ERASMUS OF AMERICA - FEB. 28, 2014
The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals[1][2]to keep and bear arms.[3][4][5][6]The Supreme Court of the United Stateshas ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices.[7]State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments comprising the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.[8]
In United States v. Cruikshank (1876), the Supreme Court of the United Statesruled that, “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence” and limited the applicability of the Second Amendment to the federal government.[9]In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia”.[10][11]
In the twenty-first century, the amendment has been subjected to renewed academic inquiryand judicial interest.[11]In District of Columbia v. Heller(2008), the Supreme Court handed down a landmark decision, expressly holding the amendment to protect an individual right to possess and carry firearms.[12][13]In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment’s impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government.[14]Despite these decisions, the debate between the gun control and gun rights movements and related organizations continues.[15]
Right to keep and bear arms
The right to keep and bear arms (often referred as the right to bear arms or to have arms) is the people’s right to have their own armsfor their defense as described in the philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, the English Whigs and others.[1] In countries with an English common law tradition, a long standing common law right to keep and bear arms has long been recognized, as pre-existing in common law, prior even to the existence of written national constitutions.[2] In the United States, the right to keep and bear arms is also an enumerated right specifically protected by the U.S. Constitution and many state constitutions[3] such that people have a personal right to own arms for individual use, and a right to bear these same arms both for personal protection and for use in a militia.[4]
The concept of the “right of the people to keep and bear arms” is derived from the English Bill of Rights 1689 which states:
This must be read in the context of the grievance being addressed, which reads:
The English Bill of Rights established that regulating the right to bear arms was one of the powers of Parliament, and did not belong to the monarch.[5] In most common law jurisdictions, this right has since the early 20th century largely been abolished by statute, for example in the United Kingdom (in 1903), Canada, and Australia. In all jurisdictions, common law or otherwise, gun laws vary widely.
Source: http://nesaranews.blogspot.com/2014/02/the-right-to-keep-and-bear-arms-from.html
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