What are Your Second Amendment Rights?
The Second Amendment provides that: "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."
Does the Second Amendment Only Apply to a Militia?
- In 2008 in District of Columbia v. Heller, the Supreme Court explained that the right to "keep and bear arms" is "clearly an individual right, having nothing whatsoever to do with service in the militia."
- As it result, you, as an individual, have a right to "keep and bear" arms.
- BUT, there may be some regulation by the government.
What Type of Regulation is Allowed Under the Second Amendment?
- The Supreme Court noted that longstanding prohibitions on the possession of firearms are allowed in the following contexts:
- Concealed carry laws;
- Felons and the mentally ill;
- Carrying of firearms in sensitive places such as schools and government buildings, or;
- Laws imposing conditions and qualifications on the commercial sale of arms.
- As a result, if you are not a felon, or mentally ill, and have not carried your gun into a "sensitive place" you have a right to "keep and bear" a firearm.
Can the Government Limit the Type of Firearms?
- The Supreme Court found that the government may limit the type of weapon to which the right applies to those used by the militia, i.e., those in "common use for lawful purpose."
We can expect future litigation in the area of the Second Amendment as the government attempts to test its limits. If you believe your second amendment rights have been violated, it is your right and duty as an American to fight back. If you believe Michigan Litigation Law may be able to help, please contact us, as always, our online director is available, 24/7, via e-mail at Joey@MichiganLitigationLaw.com.
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