dgallagher
02-24-05, 01:34 PM
WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT
The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.
As of August 24, 2004 the Department of Justice (DOJ) has entered an opinion on this Amendment (2nd) and it is public knowledge; or would be if our syndicated press chose to let us know. dg
Text part
:
As developed in the analysis below, we conclude that the Second Amendment secures a personal right of individuals, not a collective right that may only be invoked by a State or a quasi-collective right restricted to those persons who serve in organized militia units. Our conclusion is based on the Amendment's text, as commonly understood at the time of its adoption and interpreted in light of other provisions of the Constitution and the Amendment's historical antecedents. Our analysis is limited to determining whether the Amendment secures an individual, collective, or quasi-collective right. We do not consider the substance of that right, including its contours or the nature or type of governmental interests that would justify restrictions on its exercise, and nothing in this memorandum is intended to address or call into question the constitutionality, under the Second Amendment, of any particular limitations on owning, carrying, or using firearms.
The DOJ site is here.
http://www.usdoj.gov/olc/secondamendment2.htm
The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.
As of August 24, 2004 the Department of Justice (DOJ) has entered an opinion on this Amendment (2nd) and it is public knowledge; or would be if our syndicated press chose to let us know. dg
Text part
:
As developed in the analysis below, we conclude that the Second Amendment secures a personal right of individuals, not a collective right that may only be invoked by a State or a quasi-collective right restricted to those persons who serve in organized militia units. Our conclusion is based on the Amendment's text, as commonly understood at the time of its adoption and interpreted in light of other provisions of the Constitution and the Amendment's historical antecedents. Our analysis is limited to determining whether the Amendment secures an individual, collective, or quasi-collective right. We do not consider the substance of that right, including its contours or the nature or type of governmental interests that would justify restrictions on its exercise, and nothing in this memorandum is intended to address or call into question the constitutionality, under the Second Amendment, of any particular limitations on owning, carrying, or using firearms.
The DOJ site is here.
http://www.usdoj.gov/olc/secondamendment2.htm