Guns In The News 2022-05-23
What “arms” are protected by the Second Amendment? The text is explicit: “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.”
Since this is a right, the people, not the government, decide. The arms they keep in their homes and carry on their persons are protected. These include arms that are useful in a militia in order to secure a free state.
In District of Columbia v. Heller (2008), the U.S. Supreme Court held that the Second Amendment protects “arms ‘in common use at the time’ for lawful purposes like self-defense” and arms that are “typically possessed by law-abiding citizens for lawful purposes.” Such arms are “chosen by American society,” not the government.
Heller was not the first court to enunciate the common-use test. For
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