Ten Truths About the Second Amendment

On Tuesday, the Ninth Circuit Court of Appeals invalidated Hawaii’s requirement that people receive a license before openly carrying a gun in public. This aggressive act of judicial review might be reviewed by the Supreme Court, especially if Brett Kavanaugh is confirmed as a Justice. The Supreme Court has not reviewed a Second Amendment case since 2010, but as I argued here , it is likely the Court will return to this area of law in the near future now that Justice Kennedy has retired. Here are ten truths about the Second Amendment. 1. The Second Amendment provides that "A well regulated militia, being necessary to the security of a free state, the right of that people to keep and bear arms shall not be infringed." 2. From the beginning of this country’s history, the states and Federal government have regulated the possession, sale, and transfer of guns. For example, even before the 18th century, big cities like New York and Boston regulated the sale and safe keeping of gun powder including limits on how much gunpowder any one person could purchase. Prior to the civil war, a number of states prohibited concealing firearms in public. There can be no dispute that guns have been regulated consistently since this country was founded. 3. Despite the abundance of gun laws since the beginning of the Republic, the Supreme Court did not hold that the Second Amendment protects an individual right to own guns until 2008 in the decision District of […]

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