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Questions tagged [second-amendment]

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

Second amendment to the U.S. Constitution, which reads in full:

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 is contention about the capitalization and punctuation and another version 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 infringed.

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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-get-this-right The Committee for State Security…
cnst
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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 laws restricting the "right of the people to…
Someone
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When did Lee Harvey Oswald first break the law?

At what point during the lead-up to the assassination of JFK did Lee Harvey Oswald first break the law (and could therefore legally be stopped)? As far as I can tell, he purchased his rifle legally, he was allowed to possess that weapon (under the…
ConanTheGerbil
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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." Is there any legal academic literature that…
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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 as unconstitutional? Although this sounds very…
Golden Cuy
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Can one be restricted from carrying a gun on New York City public transportation?

The Supreme Court decision in District of Columbia v. Heller (2008) affirmed an individual's right to possess a firearm for self-defense within the home. However, I am curious about the implications of this ruling when it comes to carrying firearms…
Schwarz Kugelblitz
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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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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 your head, and holding a kite shield with a…
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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 afford the bill and be in safety/inspection/regulation…
Who killed Biggie and Tupac
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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 all of the country. What I do not understand is…
Max von Hippel
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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. What, if anything, about the law(s) in the US…
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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 infringed. This is somewhat narrowly worded in the…
Colin
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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 constitutional restrictions on banning…
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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 infringed. However felons are somehow denied that…
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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 for applying for an FID, which according to our…
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