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64 votes
Accepted

How are any gun restrictions constitutional?

Because the Supreme Court, who interprets the meaning of the Constitution, said so: Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon ...
Ron Trunk's user avatar
  • 1,500
36 votes
Accepted

How are laws requiring gun buyers to be 21+ constitutional?

Isn't anyone 18 or older guaranteed full constitutional rights? No. How can someone between 18 and 21 be denied the right to own a gun based on age? The Second Amendment authorizes reasonable ...
ohwilleke's user avatar
  • 218k
27 votes

Are there any notable 2nd Amendment cases not involving (then) modern firearms?

You are conflating two issues The Second Amendment limits the restrictions governments can place on the weapons citizens can own and carry. It applies to all weapons, not just firearms. Teter v. Lopez ...
Dale M's user avatar
  • 211k
18 votes

How are any gun restrictions constitutional?

Constitutional rights generally have limits and exceptions. The First Amendment, for example, reads: Congress shall make no law ... abridging the freedom of speech, or of the press ... But laws ...
David Siegel's user avatar
17 votes

How are any gun restrictions constitutional?

Ron Trunk gave the right answer. For those who are confused about the meaning of "well regulated", see the full analysis (PDF) of the Second Amendment by Jeffrey Rosen, a law professor at ...
MTA's user avatar
  • 1,439
15 votes
Accepted

Why can't states require gun owners to go though Basic Combat Training under the Second Amendment?

The Supreme Court considered and rejected some related interpretations in District of Columbia v. Heller, 554 U.S. 570 (2008). The entire opinion, and the dissents, are well worth reading, if you ...
Nate Eldredge's user avatar
13 votes
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Legal Right to Own Nukes

Almost certainly, there is no such right. It's illegal under 18 USC 831 to possess "nuclear material" without specific authorization. 18 USC 832 forbids the possession of a "radiological weapon". ...
Nate Eldredge's user avatar
13 votes

How are laws requiring gun buyers to be 21+ constitutional?

This was most recently decided in NRA vs. BATFE in 2013. There were two basic reasons: First, the Second Amendment can be seen as both providing an individual right and a collective right. The court ...
David's user avatar
  • 619
11 votes

How are any gun restrictions constitutional?

As explained in Justice Thomas's recent decision, the meaning of the constitution has to be interpreted in light of its historical context. If the people who wrote "shall not be infringed" ...
Nullius in Verba's user avatar
6 votes

Can guns be controlled asymmetrically?

The problem with the proposal is that the Second Amendment doesn't specifically protect the right to bear guns – the word it uses is "arms". Restricting sale of bullets or gunpowder is just as much a ...
user6726's user avatar
  • 215k
6 votes

What argument supports a right to bear arms but denies a right to bear nuclear weapons?

The authority you are looking for is District of Columbia v. Heller, 554 U.S. 570 (2008). In this judgement, SCOTUS explained limitations of the second amendment. There is extensive historical ...
MikiRaven's user avatar
  • 194
6 votes
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Weapons vs objects coincidentally used as weapons

Illegal weapons Weapons are defined and are made illegal by statute. In many states, it is illegal to possess brass knuckles. For example, California penal code 12020(a)(1) makes it illegal to ...
K-C's user avatar
  • 4,024
6 votes

Is the individual right to bear arms disproven by the deleted conscientious objector clause of the 2nd amendment?

No. The intent of the draft was to protect those who objected to bearing arms for religious/moral reasons from being forced by the government to bear arms against their will (essentially making any ...
hszmv's user avatar
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5 votes
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Naturalized Certificate required for Shall-Issue Firearms License

The police are mistaken because they don't understand immigration law. Usually, the first step to resolve this problem would be to explain the situation in a letter to or telephone call with the town ...
ohwilleke's user avatar
  • 218k
5 votes

Can the Texas Senate Bill model be used for gun control too?

Let's back up. It's premature to say that SB 8 "avoids the constitutional restrictions on banning abortions". The constitutionality of SB 8 has not been resolved; the Supreme Court said so ...
Nate Eldredge's user avatar
4 votes

How does the "well regulated militia" clause affect laws?

The preface has colored the application of the amendment. For example, without the preface it is hard to imagine something like the National Firearms Act of 1934 (NFA) being upheld as constitutional. ...
feetwet's user avatar
  • 21.8k
4 votes

Weapons vs objects coincidentally used as weapons

Usually self-defense laws govern when deadly force, or proportionate non-deadly force may be used, without regard to the tool used to inflict that force (although sometimes firearms are presumed to be ...
ohwilleke's user avatar
  • 218k
4 votes

Is it unconstitutional for sellers to have higher minimum age for gun purchases than the federal government?

Volokh commented on this. There is no 2nd Amendment issue, nor does federal law. It may be illegal in some states, depending on whether age is included in public accommodation anti-discrimination laws....
user6726's user avatar
  • 215k
4 votes

Can a minor possess an AR-15 rifle in Wisconsin?

I used photoshop to do rough calculations. Using Kyle's height as a reference point (162cm / 5ft 4"), as this is what was listed on his arrest warrant. I roughly measured his rifle to be 80cm (31....
Rstew's user avatar
  • 932
4 votes

Legal Right to Own Nukes

Each and every time the Supreme Court has addressed the second amendment, it has upheld that it is constitutionally permissible to have prohibitions on dangerous and unusual weapons. Nuclear weapons ...
Chameleon's user avatar
4 votes
Accepted

Why can gun shops sell guns in areas with ordinances restricting them?

§Sec. 54-212 of the ordinance states (a) It shall be unlawful for any person to manufacture, sell, offer or display for sale, give, lend, transfer ownership of, acquire, carry or possess any assault ...
user6726's user avatar
  • 215k
4 votes

Why can gun shops sell guns in areas with ordinances restricting them?

An Assault Weapon needs to fit the whole definition A rifle is an assault weapon if... Assault weapon means: (1)A semiautomatic rifle that has the capacity to accept a large capacity magazine ...
Trish's user avatar
  • 39.9k
4 votes
Accepted

Can a minor possess a handgun on private property in Oregon?

Are minors allowed to possess handguns in Oregon? Yes, with exceptions, although they may not purchase or own handguns, and are not permitted to conceal carry handguns. Oregon Revised Statutes § 166....
ohwilleke's user avatar
  • 218k
4 votes

Do corporations have the right to keep arms?

There are no cases interpreting the Second Amendment to have that meaning at this time. Even when regulations on corporate gun dealers are held unconstitutional, this holding, thus far, has always ...
ohwilleke's user avatar
  • 218k
4 votes

Do corporations have the right to keep arms?

The Issue is Unsettled General Principle In US law, corporations have been held to have some, but not all, of the rights that natural persons have. Specific Rights and Cases Corporations have at ...
David Siegel's user avatar
4 votes

To what extent can Disney restrict Actively commissioned police officers from carrying firearms on Disney property?

Disney World is a private entity and private property, and they are free to impose and enforce their own security procedures and requirements, and that includes restricting guns. It doesn't matter how ...
BlueDogRanch's user avatar
  • 18.8k
3 votes

How are machine guns basically illegal considering the findings of US v. Miller?

Because that’s not what Miller says The court evaluated and expanded Miller in District of Columbia v. Heller, 554 U.S. 570 (2008) at p.52: Read in isolation, Miller’s phrase “part of ordi­ nary ...
Dale M's user avatar
  • 211k
3 votes

The US Constitution endorses a right to "keep and bear" arms. What about buying, selling, and manufacturing guns?

This article surveys the law, as of 2014. The answer is "yes or no, depending on which circuit". In US v. Chafin 423 F. App’x 342, the court decided that although the Second Amendment protects an ...
user6726's user avatar
  • 215k

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