Your Second Amendment Rights Just Got a HUGE Win in California

Discussion in 'Politics' started by echopulse, Jul 26, 2025 at 9:27 AM.

  1. Tuxan

    Tuxan

    Well, if it's rights, then that opens up a range of other options.

    The Second Amendment to the U.S. Constitution reads:

    "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."

    So: Is it a single right or multiple rights?
    Legally and historically, it is considered a single constitutional right:

    "the right of the people to keep and bear Arms."

    However, that single right has two components:

    1. To keep arms (possess or own weapons)
    2. To bear arms (carry or use them, especially in defense or service)
    Interpretations:
    • Originalist / Collective View (earlier courts):
      The preamble ("A well regulated Militia...") means the right was tied to service in state militias.
      Thus, not an individual right, but a collective one related to defense.

    • Individual Rights View (modern court):
      The 2008 Supreme Court case District of Columbia v. Heller definitively ruled:

      The Second Amendment protects an individual right to possess firearms, unconnected with service in a militia.

      That ruling interpreted "keep and bear arms" as a single, unified individual right, covering personal ownership and use (e.g. for self-defense at home).
    In summary:
    • Textually: one right with two expressions ("keep" and "bear").
    • Legally: interpreted as a single individual right, though with layers (ownership and usage).
    • Politically: still debated—some argue the militia clause matters more, others focus on the individual right.
     
    insider trading likes this.
  2. What's the purpose of owning a gun if you will just get sent to prison for killing an intruder or attacker. The laws treat criminals as saints and angels. And the good guy as the bad guy,
     
  3. Tuxan

    Tuxan

    If you think in false dichotomies like that, the important thing is that guns are cool and you are supporting American industry collecting them.