Supreme Court Agrees to Hear D.C. Gun Case
Finally. After almost 70 years, the Supreme Court has agreed to decide a case that may decide, once and for all, whether the Second Amendment confers an individual right to bear arms.
I believe it does. The Second Amendment provides:
"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."
There are three principal views: The individual view, collective view and an intermediate one.
Under the individual view, a person has a personal right to bear weapons or arms regardless of whether they are members of any militia or engaged in military service or training. We therefore may bring claims or defend claims based on that right, just as we can with other provisions of the Bill of Rights, such as the right to free speech or right to be free from unreasonable searches and seizures.
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