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: Southern California Criminal Defense Blog

US SUPREME COURT HEARS SECOND AMENDMENT CASE

By Walin & Klarich

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The United States Supreme Court heard arguments recently in a case involving a challenge to Washington, DC?s ban on the possession of handguns. The law had been challenged by a resident of Washington, DC on the ground that the law runs contrary to the Second Amendment to the United States Constitution. The Second Amendment provides, in its entirety, ?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.? At issue here is whether the Amendment protects an individual person?s right to possess a firearm (i.e., the ?Individual Rights? theory), or whether the right to ?keep and bear arms? is only tied to service in a state militia, such as, for instance, the National Guard (i...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 09, 2008 (boomark / email).

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