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Questions tagged [second-amendment]

The right of the people in the United States to keep and bear arms.

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How broadly has the "Bruen test" been used in constitutional cases in US federal courts?

Today I learned of the "Bruen test" in Clarence Thomas' Majority opinion for Bruen and how it was revisited in United States v. Rahimi. From Amy Howe's June 21, 2024 Opinion analysis: ...
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Are there any notable 2nd Amendment cases not involving (then) modern firearms?

Imagine if you walk down the road all dressed up for the Battle of Hastings reenactment with all of your fellow Viking-Normandy enthusiasts, covered neck to toe with your chainmail, your great helm on ...
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To what extent can Disney restrict Actively commissioned police officers from carrying firearms on Disney property?

A friend I know told me of an incident where he was approached by several security officers at Disney Springs outdoor shopping area. At the time, he was an active duty police officer that always ...
Matt Sweeney's user avatar
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What is the law on NICS checks when purchasing firearms?

In the US it is common practice for sellers of firearms to follow the following process: Ask buyer to fill out ATF form 4473 Call NICS to verify that the DOJ/FBI is not aware of any prohibitions ...
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Do corporations have the right to keep arms?

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 people" include corporations? ...
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Is there a right to keep and bear ammunition?

The Second Amendment protects the right to keep and bear arms. Does this include ammunition?
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How are laws requiring gun buyers to be 21+ constitutional?

Isn't anyone 18 or older guaranteed full constitutional rights? How can someone between 18 and 21 be denied the right to own a gun based on age?
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How are any gun restrictions constitutional?

The Second Amendment says (emphasis mine): 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. How are any ...
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Can a minor possess a handgun on private property in Oregon?

Can a minor possess a handgun on private property in Oregon (outside any city limits) with the consent of his parents and the property owner?
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Why can gun shops sell guns in areas with ordinances restricting them?

In Chicago/Riverdale(Cook County) there are local ordinances against owning "assault-style" weapons, yet there are multiple firearms dealers in these cities/villages. Does the banning of ...
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Are gun manuals protected under the second amendment?

My understanding of the second amendment is that it covers a wide class of weapons such as knives in addition to firearms. My question is given that gun manuals inform individuals on how to operate ...
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Can the Texas Senate Bill model be used for gun control too?

Texas Senate Bill 8 takes a legally imaginative route to allow citizens to sue people involved in abortions after week 6 (that is 6 weeks from the most recent period of the woman). This avoids the ...
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Naturalized Certificate required for Shall-Issue Firearms License

In my state of Massachusetts, before being able to purchase any firearms, you must obtain a Firearms Identification (FID) license or a License to Carry (LTC). Suppose that someone is in the process ...
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How are machine guns basically illegal considering the findings of US v. Miller?

In US v. Miller, the Supreme Court found that the NFA was constitutional because short-barreled shotguns have no military uses. Assuming for the sake of argument that's true (it's not), how can the ...
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Is the individual right to bear arms disproven by the deleted conscientious objector clause of the 2nd amendment?

As an individual, is the notion that an American has the right to a firearm per the 2nd amendment disproven based on the deleted clause of conscientious objectors? Proposed by James Madison upon the ...
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Can a minor possess an AR-15 rifle in Wisconsin?

This stems from the Kyle Rittenhouse discussion: Wisconsin prohibits possession of rifles by minors, but the same section seems to say that it only applies when the rifle is "short-barrel". ...
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Removeing critical parts considered safe storage of a gun? "RCW 9.41.360: Unsafe storage of a firearm."

I wish to store my AR-15 with the BCG (bolt carrier group) removed, rather than use a lock. I prefer this because it's easy to do, easy to undo, and more aesthetically pleasing than the cable lock I ...
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Why can't states require gun owners to go though Basic Combat Training under the Second Amendment?

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. As mentioned in the title, that tells me in 2019 that ...
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The US Constitution endorses a right to "keep and bear" arms. What about buying, selling, and manufacturing guns?

The text of the 2nd Amendment of the US Constitution reads: 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 ...
Colin's user avatar
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Can guns be controlled asymmetrically?

The Second Amendment is oft quoted as the reason that guns cannot be completely removed from American society, at least not without some sort of further amendment to the US Constitution. But what ...
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Buying a Gun for a Californian

I am a California native, currently attending school in Utah, and have been considering getting a Concealed Carry License as a non-resident of the State. In doing research, however, it appears that, ...
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Legal Right to Own Nukes

As per the Second Amendment of the United States Constitution one has to wonder if there are any restrictions with regard to the type (or destructiveness) of arm you shall bear. If someone could ...
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Is it unconstitutional for sellers to have higher minimum age for gun purchases than the federal government?

The last few days (I am writing this on March 1, 2018) have seen several businesses raise the minimum age required to buy a gun to 21. Some examples: Walmart, Dick's Sporting Goods, Kroger. Under ...
NeutronStar's user avatar
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Can getting medical marijuana prescribed prevent you from owning or buying a firearm?

The federal law governing possession and ownership of firearms is 18 U.S.C. § 922(g)(3). This prohibits possession or ownership by a person who is “…an unlawful user of or addicted to any controlled ...
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Firearm restriction while open carrying in Florida

A person is going fishing out into the Everglades. They make the decision to open carry a firearm. Are there any restrictions as to the type (Shotguns, Rifles, Pistols, etc) of firearms a person can ...
Digital fire's user avatar
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5 votes
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Weapons vs objects coincidentally used as weapons

My understanding is that many easily-concealed weapons are illegal to use for self-defense in many if not most states. For example, knuckle-dusters are illegal to use in self-defense in most if not ...
Max von Hippel's user avatar
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How does the "well regulated militia" clause affect laws?

The second amendment to the US Constitution states: 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. ...
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What is the legal grounds for the MA approved gun roster?

In Massachusetts, the attorney general's office ruled, many years ago, that only guns that they approve of, which have certain features, are legal to sell in the state. This regulation claimed to ...
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1 answer
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How does the punctuation/capitalization of the 2nd Amendment affect its interpretation?

According to Wikipedia: The importance (or lack thereof) of these differences has been the source of debate regarding the meaning and interpretation of [2nd] the amendment, particularly regarding the ...
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How can felons be denied Constitutional rights?

The 2nd Amendment grant all people a right to bear arms: 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 ...
Soren's user avatar
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What argument supports a right to bear arms but denies a right to bear nuclear weapons?

Per the second amendment: A lot of people really want to be able to declare that they can own any weapon they want but then the argument absurd is always, "Well that means you could own a nuke too." ...
Andrew Martin's user avatar
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5 answers
1k views

Does the US Second Amendment grant the right to not bear arms?

Does the Second Amendment in the United States grant the right to not bear arms? For example, if laws were enacted forcing ordinary people to bear arms, could they try to strike down the legislation ...
Golden Cuy's user avatar
18 votes
3 answers
2k views

Is the right to keep and bear crypto protected by the Second Amendment?

Stumbled across an interesting comment in regards to the recent events about TorProject and a public library in Lebanon, New Hampshire, U. S. of A.: http://www.dslreports.com/forum/r30291606-So-let-me-...
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