Title

The United States Supreme Court and the Second Amendment

Abstract

In the media and in the legislative arena there has been much debate about the holdings of the United States Supreme Court in regard to the Second Amendment. Some gun control proponents assert that the Supreme Court has held that the Second Amendment is a "collective right;" a right of the "collective" and not of any individual. Are they correct? Other gun control proponents assert that the Second Amendment has not been incorporated and is not effective against state government action. Firearms rights proponents assert that the Supreme Court has held that the Second Amendment protects the right of the individual to keep and bear arms. What exactly has the United States Supreme Court said on the subject? This article will explore United States Supreme Court jurisprudence in regard to the Second Amendment.

Disciplines

Constitutional Law

Date of this Version

December 2006