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The meaning and scope of the Second Amendment has long been one of the most hotly contested constitutional issues in the United States. In 2008, the U.S. Supreme Court ruled that the amendment protects the rights of individuals to have and use guns for legal purposes. At the same time, however, the Court clearly said that the Second Amendment right isnt unlimited. Since that decision, other courts in the country have upheld mostbut not allfederal, state, and local gun control laws.

The long-running argument over the Second Amendment largely stems from its language, especially at the beginning: 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. For decades, many scholars and courts interpreted the amendment as preserving states authority to keep militias, which would mean that the right to have firearms was linked to militia service. But in District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court opted for a broader interpretation, finding that the Second Amendment gave individuals a right to have gunsunconnected to any militia serviceand to use them for traditionally legal purposes like self-defense.

The Supreme Court said that the law involved in Heller was unconstitutional because it essentially banned all handgunsthe most popular type of gun Americans choose for the core lawful purpose of self-defense. It also kept people from using their guns to defend their families and property by requiring them to keep all firearms trigger-locked or dissembled, even in the home.

Like most constitutional rights, the Second Amendment rights is not unlimited.

What about other kinds of guns and other reasons for having them? Like most constitutional rights, the Heller Court explained, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. In the years since that decision, theres been a flood of legal challenges to federal and state gun control laws. According to one study, in 94 percent of those cases, courts have found that reasonable gun regulations didnt violate the Second Amendment. Theyve mostly relied on the Heller Courts explanation that its ruling shouldnt cast doubt on several longstanding gun restrictions, including bans on gun ownership by certain individuals (like felons), prohibitions on some types of dangerous and unusual weapons, limits on carrying firearms in certain public places, and requirements for gun sales. Although federal law covers some of these restrictions, most gun control is a patchwork of state and local laws and regulations. That means it can be wildly different from place to place.

Federal law outlaws the possession of firearms or ammunition by several categories of people, including:

(18 U.S.C. 922(g).)

Many states prohibit or restrict gun possession by other groups of people, such as stalkers and people subject to other kinds of restraining orders, minors, juvenile offenders, and those convicted of alcohol- and/or drug-related crimes.

Several states also allow courts to order some people to give up their guns temporarily if they pose an immediate risk to themselves or others (under so-called "red flag laws").

Under federal law, its illegal for civilians to have fully automatic weapons (referred to as machine guns in 18 U.S.C. 922(l)). In a rule that became effective in March 2019, the federal government outlawed "bump stock" devices (which attach to semiautomatic weapons to produce automatic firing with one pull of the trigger) by defining them as machine guns for purposes of federal law (27 C.F.R. 447.11).

Another federal law that banned assault weapons (semiautomatic firearms with certain features) expired in 2004, and attempts to renew it have failed so far.

Still, a handful of states and local governmentsincluding California, New Jersey, and New Yorkhave their own prohibitions or restrictions on assault weapons that have withstood court challenges. And although the Heller Court ruled out blanket bans on handguns, many states regulate handguns by requiring permits to buy them.

As the Supreme Court recognized in Heller, guns have traditionally been prohibited or restricted in certain public places under federal, state, and local laws. These sensitive places include schools, government buildings and courtrooms, public transit facilities, airports, and polling stations.

A U.S. appellate court has held that the Second Amendment doesnt protect carrying a concealed weapon in public (Peterson v. Martinez, 707 F.3d 1197 (10th Cir. 2013)). Most states require a concealed-carry permit, but the conditions vary a lot from state to state. The strictest laws allow authorities to deny a permit when the applicant doesnt have a good moral character or a good reason for carrying a gun in public. The most lenient require authorities to issue the permit to anyone who applies, with little or no discretion. Nearly all states restrict concealed weapons in some places, such as bars, hospitals, and public sporting events. But several states allow concealed weapons on public college campuses, under legislation or state court rulings that overturned longtime bans.

Finally, some states have open carry laws that ban or set conditions on openly carrying certain types of guns in public or in private cars.

Licensed gun dealers have to meet several requirements under federal law, including performing background checks, keeping records of sales, and reporting multiple sales of handguns to the same person (18 U.S.C. 923). But those requirements dont apply to private sellers, including those at gun shows. Some states have stronger laws, and a few require licensing for the sale of all guns.

If you believe that a local law or regulation infringes on your Second Amendment rights as a gun owner, you might want to speak with a civil rights attorney about your options for challenging the restriction. And if youve been charged with a crime related to owning, carrying, or using a gun, you should strongly consider consulting with a criminal defense lawyer. The circumstances in each case are unique, and the laws vary in different states and localities. An attorney whos experienced in this area can explain how the relevant laws apply in your situation and what defenses you might have.

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The Second Amendment: What Are the Limits on the Right to ...

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The Second Amendment has become a controversial amendment in recent years. Many people want more laws to prevent people from owning guns. They think this will help prevent shootings and keep criminals and mentally ill people from getting guns. Other people want to keep this right and not have it limited. They think that having guns will allow them to protect themselves from criminals and the rise of a tyrannical government.

From the Constitution

Here is the text of the Second Amendment from the Constitution:

"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."

Why was the Second Amendment so important?

You may think at first that the people of revolutionary times added this amendment so they could have guns to go hunting for food. While many people back then did use guns for hunting, this was not why the amendment was added. The Second Amendment was meant to help the people protect themselves from a tyrannical government. Just like the revolutionaries who fought against the King of England, they wanted to maintain their right to "bear arms" in case the new government began to take away their rights.

At the time, owning guns by citizens was also important for other reasons including organizing a local militia, fighting off invasions from foreign powers, self-defense against Indian raids, and to help with law enforcement.

What is a "well regulated militia"?

The militia was a group of local men who could act as a military force in times of emergency. Most all of the men at the time were part of a local militia. The militia could be called upon to help to fight off Indian raids, invasions, or even act as the local police force. A "well regulated" militia was one that was trained, organized, and disciplined. In other words, not just a bunch of guys with guns.

The term "bear arms" means to "carry a weapon." Although there is no description of what kind of "arms", the writers of the amendment at the time certainly included guns within the definition of "arms."

Many people question whether the amendment protects the rights of individuals to have guns or just militias. This is something people still argue about today. In 2008, the Supreme Court ruled that the Second Amendment allowed individuals to own guns.

Although the Second Amendment does allow for people to own guns, it does not prevent government regulation of firearms. Gun laws help to keep guns out of the hands of criminals and the mentally ill. They also help to keep track of guns and determine what type of weapons people are allowed to own. There are certainly some weapons, like a nuclear bomb, that the public should not own. The tough thing is deciding where to draw the line. This is currently of great debate in American politics.

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US Government for Kids: Second Amendment

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Handguns | Second Amendment Sports

LITTLE ROCK, Ark. A recently filed bill in the Arkansas legislature is attempting to make the Natural State a sanctuary state in terms of any new federal gun regulations.

Josh Gwin is a gun salesman at Bullseye Guns and Ammo in Little Rock, and he agrees with the intent of the bill.

I want to give that two thumbs up because I think its awesome, like we need that in the state, he said. We like our guns are in Arkansas.

Gwin believes the state should stand up to any potential overreach by the federal government.

What I hope is that its just going to send a message to a Democratically ran Senate right now and House that were not just going to roll over and go, OK, yeah, right, take away these rights. Were going to be cool with that, because thats not how its going to work, he said.

Arkansas gun owner Kelly Krout thinks the proposed bill is just an overreaction to the November elections.

I think its a knee-jerk reaction to some Democrats making some offices that maybe people didnt want them to make, she said. I think people tend to get very stressed out about their gun rights, and responsible gun owners dont need to be worried.

Krout the bill is a waste of time, and potentially, money.

Itll end up in court and its just going to waste Arkansas taxpayers money when we could actually just obey the federal law, she explained.

While discounting this proposal, Krout would like to see the state General Assembly tackle gun regulations from a common-sense standpoint instead of fighting the federal government.

Id really love to see Arkansas focus more on doing things like trying to keep guns out of the hands of domestic abusers rather than just try to make it easier for everybody to get a guy who wants one, she said.

Gwin, however, hopes this bill will send a clear message because he feels the Constitution has already taken enough stance.

I think the Second Amendment is very clear, and there should be no reason to create a stance the stance is already been made.

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New bill filed to make Arkansas 2nd amendment sanctuary state - KARK

A bill that would claim the right to invalidate federal laws that limit the right to bear arms for the state of Wyoming has been filed in the legislature.

You can read Senate File 81here.

It's sponsored by Sens. Bouchard, Biteman, French, Hutchings, James, McKeown and Salazar and Representative(s) Baker, Bear, Burt, Fortner, Gray, Haroldson, Heiner, Laursen, Neiman, Ottman, Rodriguez-Williams, Wharff, and Winter.

The bill would attempt to use the tenth amendment to the U.S. Constitution to invalidate federal gun laws, according to the wording of the legislation:

''(iii)The limitation of the federal government's power is affirmed under the tenth amendment of the constitution of the United States, which defines the total scope of federal power as being that which has been delegated by the people of the several states to thefederal government, and all power not delegated to the federal government in the constitution of the United States is reserved to the states respectively or to the people themselves;

(iv)If the federal government assumes powers that the people did not grant it in the constitution of the United States, its acts are unauthoritative, void and of no force;"

The tenth amendment to the U.S. Constitution reads:

''The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

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WY: Second Amendment Preservation Act Bill Filed In Wyoming - Kgab