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Does the Second Amendment apply outside the home?

On March 2, the U.S. Supreme Court heard arguments addressing whether the Second Amendment applies outside of jurisdictions controlled by the federal government. The court will almost certainly say that it does, and soon it may consider a question that should be equally easy to answer: whether the Second Amendment applies outside of the home.

In 2008, the first time the Supreme Court explicitly declared that the Second Amendment protects an individual right to “keep and bear arms,” it ruled that the District of Columbia’s handgun ban violated that right. Since the Chicago handgun ban at issue in the case the Court heard on March 2 is virtually identical, it will be overturned if the Court concludes that the Second Amendment binds states and cities as well as the federal government. Because the Court has ruled that almost all of the other guarantees in the Bill of Rights apply to the states by way of the 14th Amendment, it would be very strange if the fundamental right to armed self-defense did not make the cut.

Assuming the Court strikes down Chicago’s handgun ban, what other forms of gun control could be vulnerable? Since the Second Amendment protects the right to “bear” arms as well as the right to “keep” them, restrictions on carrying guns in public are a ripe target.

Forty-one states either do not require a permit to carry a handgun or issues one to anyone who satisfies a few objective criteria, which generally include firearms training and lack of a criminal record. Seven states let local officials decide whether to issue permits, and Illinois, Wisconsin, and Washington, D.C., do not allow even that option.-[source]

4 comments to Does the Second Amendment apply outside the home?

  • [...] This post was mentioned on Twitter by Jake Moore. Jake Moore said: Does the Second Amendment apply outside the home? « Geeks With Guns [...]

  • Charles Creech

    American’s have a right given by God to defend ourseleves, not only from home invaders but also from the Government. Plain and simple any one that would disagree with that is asking for the government to take care of them and take all their rights away from them.

  • Bob Long

    Where I am, my gun and ammo is also. Period! I will not go into places I am not suppose to enter when carrying, I have put those places off my list to take my money, except one place, their steaks are sooooo good, I carry in there, have for a while, no one knows, I dont advertise, but where I am my guns is there too. bad guys are everywhere and when my life is threatened, I will not follow like a sheep back to that back room, I will take every advantage offered to me, to include shooting them in the back! cowardly? heck, it is survival!

  • That’s illegal Mr. Long.
    U r committing trespassing among a few other laws broken if u carry where it’s prohibited……..

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