Saturday, April 27, 2013

Tuesday, April 23, 2013


"This necessary "right of the People [People being the ones who created government. Not the same as citizens]" existed before the Second Amendment as "one of the fundamental rights of Englishmen." Id. at 2797-98. Heller identified several reasons why the militia was considered "necessary to the security of a free state." First, "it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary.... Third, when the able-bodied "men [Not government dependents / children / citizens]" of a nation are trained in arms and organized, they are better able to resist tyranny." Id. at 2800-01. In addition to these civic purposes, Heller characterized the right to keep and bear arms as a corollary to the individual right of self-defense. Id. at 2817 ("[T]he inherent right of self-defense has been central to the Second Amendment right."). Thus the right contains both a political component—it is a means to protect the public from tyranny—and a personal component—it is a means to protect the individual from threats to life or limb. Cf. Amar, supra, at 46-59, 257-66.

563 F.3d 439 (2009)
United States Court of Appeals, Ninth Circuit.
Argued and Submitted January 15, 2009.