Articles Tagged with Second Amendment

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guns-526101-sSince the Illinois Supreme Court found certain provisions of the Illinois Unlawful Use of a Weapon statute unconstitutional I started reading “The Roberts Court, the Struggle for the Constitution” by Marcia Coyle.

 

The Second Amendment, which is part of the first ten amendments to the Constitution, is known as the Bill of Rights.  The Second Amendment 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.”  This clause has been broken down into two sections: the preamble, which discusses a well regulated Militia, and the right to bear Arms.  Gun rights opponents focus on the first clause that the right to bears arms it tied to being in a Militia, while gun rights advocates see the right to bear arms as an individual right.  Although I do not view myself as a guns rights advocate or opponent, I believe that the right to bear arms is an individual right and not tied to the Militia phrase.

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Court Declares Illinois Gun Laws Unconstitutional

Today the 7th Circuit Court of Appeals declared that the Illinois law prohibiting a person from carrying a loaded concealed gun unconstitutional. Moore v. Madigan, 12-1269. The Court after going through an historical review and a look at the U.S. Supreme Court cases of District of Columbia v. Heller, 554 US 570 (2008) and McDonald v. City of Chicago, 130 S. Ct 3020 (2010) found that the Supreme Court had decided that the Second Amendment’s right to bear arms for self-defense was as important inside the home as outside. The statute prohibiting the carrying of guns was declared unconstitutional. The mandate was stayed for 180 days to allow Illinois to craft new gun laws which are less restrictive.