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Landmark Cases In Second Amendment Law

Landmark Cases In Second Amendment Law

<p style&equals;"text-align&colon; justify&semi;">The second amendment is the part of the constitution that deals with the right to bear arms&period; This right has had a lot of press in the 21st century&period; Many want to see the second amendment supported&comma; while others want to see it limited&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Landmark Case&comma; 2008&colon; Heller v&period; the District of Columbia<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">One of the most well-known second amendment cases is the Heller v&period; D&period;C&period; case&period; This case challenged an unconstitutional firearms regulation from the 1970s&period; The regulation made it illegal for citizens to own handguns in D&period;C&period; Heller argued that because he worked in security in D&period;C&period; he was given a gun to protect the politicians&comma; yet he was not allowed to have one in his own home to protect his own family&period; In June of 2008&comma; the Supreme Court ruled in favor of Heller&comma; stating that the previous law was indeed unconstitutional&comma; and that handguns were included in the definition of the right to bear arms in the second amendment&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>McDonald v&period; Chicago<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Another landmark case&comma; McDonald v&period; Chicago&comma; came about a few years later&period; McDonald v&period; Chicago challenged Chicago&&num;8217&semi;s ban on guns in the city&period; Illinois had been regulating handgun ownership in many of the same ways as D&period;C&period; had prior to the Heller case&period; Chicago continued to do so after the Heller v&period; D&period;C&period; case&comma; because the language in the Heller v&period; D&period;C&period; case made an exception to the constitutional right&period; The language describes how individuals have a constitutional right to bear arms except in special places&period; It is argued whether this was in regard to schools and government buildings&period; Illinois lower courts made the argument that special places could be deemed anywhere public or outside of a private home&period; The Illinois Supreme Court unanimously ruled that citizens do have a second amendment right to carry handguns outside of the home&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Bateman v&period; Perdue<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The Bateman v&period; Perdue case was won by Bateman in 2012 in North Carolina&period; This case was originally filed in 2010&comma; challenging a gun ban that had been placed against carrying guns during a state of emergency&period; A judge ruled that the state of emergency gun ban was unconstitutional because according to his judgment&comma; the second amendment does not refer to in-home use only&period; This state of emergency gun ban law put the citizens at risk by not allowing them access to self defense methods at a time when they would be most needed&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Chan v&period; Seattle<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">On October 28&comma; 2009&comma; a court in King County in Washington State ruled in favor of the second amendment over another unconstitutional city law that regulated guns in the public park system&period; The lawsuit was brought against the city of Seattle because Seattle&&num;8217&semi;s law was found to be in opposition to the state law that upheld the second amendment right to bear arms in and outside of the home&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;"><strong>Kachalsky v&period; Cacase<&sol;strong><&sol;h3>&NewLine;<p style&equals;"text-align&colon; justify&semi;">This case has been filed against a county in New York State&period; It was filed because Ms&period; Nokolov was denied a permit when she could not prove that there was a specific threat to her safety&period; Currently&comma; in the State of New York&comma; one must be able to show good cause in order to be issued a handgun carry permit&period; Kachalsky&&num;8217&semi;s side of the case claims that the second amendment gives her the right to bear arms even without a specific threat&period; This case is still under review&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><strong>Byline<&sol;strong><br &sol;>&NewLine;Raymond Ferris is a freelance writer based in Baton Rouge&comma; Louisiana who focuses on complex legal issues such as mesothelioma law&comma; criminal defense&comma; personal injury&comma; civil procedure&comma; constitutional law and other areas as well&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Image credit goes to amirpaz&period;<&sol;p>&NewLine;

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