Gun Control & RKBA
In reply to the discussion: Who gets free speech? [View all]needledriver
(836 posts)In the Heller decision, The Supreme Court held:
(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 253.
(a) The Amendments prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clauses text and history demonstrate that it connotes an individual right to keep and bear arms. Pp. 222.
(b) The prefatory clause comports with the Courts interpretation of the operative clause. The militia comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens militia would be preserved. Pp. 2228.