Monday, February 10, 2014
Law - "SCOTUS Asked to Clarify What it Means to ‘Bear’ Arms"
You might think the question would be settled by now, but the U.S. Supreme Court has yet to opine on whether the Second Amendment right to “bear” arms for self-defense extends outside the home. * * *
Both cases, dealing with restrictions on the ability of minors to possess weapons in public, hinge on the difference between the right to “keep” a gun and a right “bear” one. * * *
[Denniston] The Supreme Court in 2008 made it clear that the right to “keep” a gun is a personal right, and that it means one has a right to keep a functioning firearm for self-defense within the home. But it has refused repeatedly since then to take on the question of whether that right exists also outside the home. If there is a separate right to “bear” a gun (and the Court, in fact, did say in 2008 that the two rights were separate), it has not said what that means.
Posted by Marcia Oddi on February 10, 2014 02:13 PM
Posted to Courts in general