livingston
20×102mm Vulcan
Banning America's Rifle: An Assault on the Second Amendment?
The AR-15 rifle has aptly been called “America’s Rifle.” It is the most popular rifle in the United States, owned and used by millions of law-abiding citizens. Does prohibiting it infringe on the right of the people to keep and bear arms as guaranteed by the Second Amendment?
This article begins with an examination of the meanings of term “assault weapon,” features that some lawmakers and activists have claimed define such weapons, and the rarity of their use in crime. It then analyzes how the Supreme Court’s jurisprudence on the Second Amendment, which protects firearms in common use for lawful purposes, precludes bans on such firearms. After that, it examines the text, history, and tradition of the Second and Fourteenth Amendments to show that the right keeps pace with and continues to exist as technological improvements are made to firearms. It demonstrates how judicial decisions upholding laws that ban these commonly possessed firearms conflict with and undermine the right. It ends with a challenge to judges and litigants to take the Second Amendment seriously.
Some common myths must be cast aside at the outset for a serious consideration of the issue.
The AR-15 rifle has aptly been called “America’s Rifle.” It is the most popular rifle in the United States, owned and used by millions of law-abiding citizens. Does prohibiting it infringe on the right of the people to keep and bear arms as guaranteed by the Second Amendment?
This article begins with an examination of the meanings of term “assault weapon,” features that some lawmakers and activists have claimed define such weapons, and the rarity of their use in crime. It then analyzes how the Supreme Court’s jurisprudence on the Second Amendment, which protects firearms in common use for lawful purposes, precludes bans on such firearms. After that, it examines the text, history, and tradition of the Second and Fourteenth Amendments to show that the right keeps pace with and continues to exist as technological improvements are made to firearms. It demonstrates how judicial decisions upholding laws that ban these commonly possessed firearms conflict with and undermine the right. It ends with a challenge to judges and litigants to take the Second Amendment seriously.
Some common myths must be cast aside at the outset for a serious consideration of the issue.
The Federalist Society
fedsoc.org