Second Amendment

The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals to keep and bear arms. The Supreme Court of the United States has ruled that the right vests in individuals, not merely collective militias, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights. The Second Amendment was adopted on December 15, 1791, as part of the first ten amendments comprising the Bill of Rights.
Posts about Second Amendment
    • 4th Circuit Issues Devastating Opinion Regarding “Assault Rifles”

      Today the Fourth Circuit Court of Appeals sitting En Banc issued a devastating opinion regarding “assault rifles” in Kolbe v. Hogan. The Fourth Circuit covers Maryland, West Virginia, Virginia, North Carolina and South Carolina. Kolbe challenged Maryland’s Firearm Safety Act of 2013 (“FSA”), which bans AR-15s and other military-style rifles and shotguns as well as detachable ...

      Adam Kraut/ Prince Law Offices, P.C.- 13 readers -
  • Major Pennsylvania Firearm Cases of 2016

    … previously prohibiting convictions and plea deals. In another case of first impression, we were successful in a Second Amendment as-applied challenge in relation to a mental health commitment. The District Court even declared: Indeed, Mr. Yox provides the perfect test case to challenge § 922(g)(4), as the illogical contradiction of being able…

    Joshua Prince/ Prince Law Offices, P.C.- 11 readers -
  • VA Actively Depriving Veterans of Second Amendment Rights

    … Today, I met with a client who was denied by FBI / PSP because of, as stated on the denial, “Veterans Affairs Administration.” Although I’ve vociferously spoken out against the VA being able to strip individuals’ Second Amendment rights, in all honesty, until today, I had not seen a case where a veteran had actually been denied in the absence…

    Joshua Prince/ Prince Law Offices, P.C.- 13 readers -
  • Press Release: Second Mental Health As-Applied Challenge Success

    … We are extremely proud to announce that Chief Counsel Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment. As our viewers are likely aware from Attorney Prince’s blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health…

    Prince Law Offices, P.C.- 9 readers -
  • ATTENTION: The 9th Circuit amends the 2nd Amendment…

    … 9th Circuit upheld Cal. Penal Law §25400 and §25655, which generally makes it unlawful to conceal carry firearms in public AND limits a license to conceal-carry to a finding of “good cause” by the issuing sheriff. Peruta v. San Diego, 2016 WL 3194315 (9th Cir. June 9, 2016). The procedural history of this case is itself dubious. First, it should…

    Prince Law Offices, P.C.- 12 readers -
  • Justice Thomas’ Overlooked Second Amendment Statement

    … Many in the legal profession focus their Supreme Court decision review based on the areas of law in which they practice or otherwise have an interest in, but sometimes, the best support for a particular legal issue comes not from a case on point but in an opinion or concurrence which most would overlook. Last week, on March 30th, the Court…

    Joshua Prince/ Prince Law Offices, P.C.- 12 readers -
  • U.S. Supreme Court Asked to Hear Another Second Amendment Case

    … Today attorney Tom Odom of Prince Law Offices, P.C., will file with the U.S. Supreme Court a brief on behalf of Firearms Owners Against Crime (“FOAC”) and Firearms Industry Consulting Group (“FICG”), in support of the request of Tab Bonidy and the National Association for Gun Rights to review a decision of the U.S. Court of Appeals…

    Prince Law Offices, P.C.- 6 readers -
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