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Chapter 5 · The Second Amendment

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From the page before

Double jeopardy prevents a second trial for the same offence by the same sovereign. Why can a federal case sometimes follow a state acquittal?

The answer: Because state and federal governments are treated as separate sovereigns

Why: A state and the federal government count as two different governments. So one case does not always block the other.

Text, history, and where the law stands now

This module says three things. What the text says. What the Supreme Court has held. Where real disagreement remains.

It does not argue a side. That argument is yours. You are better armed for it if you know what the law actually is.

The text

"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."

Twenty-seven words. Two parts. How the first part relates to the second was argued over for most of our history.

What the Court has held

Heller (2008). Its full name is District of Columbia v. Heller. The Second Amendment protects an individual right to keep and bear arms. It is not tied to serving in a militia. At the least, it covers self-defense at home.

The Court said in the same case that the right is not unlimited. It listed rules it saw as likely lawful:

  • No guns for people convicted of a felony.
  • No guns for the mentally ill.
  • No carrying in sensitive places, such as schools and government buildings.
  • Rules on how guns are sold.

McDonald (2010). Its full name is McDonald v. City of Chicago. The right applies against state and local government too, not just the federal government.

Bruen (2022). Its full name is New York State Rifle & Pistol Association v. Bruen. A gun rule must fit the nation's historical tradition of gun regulation. The Court also recognized a right to carry a handgun outside the home for self-defense.

Where the fight really is

Before you turn the page

What did District of Columbia v. Heller (2008) hold?

  1. That the Second Amendment protects only state militias
  2. That it protects an individual right, while also stating the right is not unlimited
  3. That all firearm regulation is unconstitutional
  4. That the amendment applies only to the federal government

What did McDonald v. City of Chicago (2010) add?

  1. A ban on handguns
  2. That the right applies against state and local governments too
  3. The historical tradition test
  4. A national registry requirement

Trying to recall a thing before you read it again is what makes it stick. That is why the question is here.

Nothing is scored. Nothing is saved. No one sees your answer, and there is no account to make.