Does the 2nd Amendment (the right to bear arms) only apply to “a well regulated Militia”?
CannedHam Dec 20th, 2006 UPDATE —– Since this question was asked in 2006, the case of Heller v. DC has gone to the Supreme Court. Heller, an armed security guard, sued DC alleging their ban on handguns and requirment that rifles and shotguns be disassembled or locked infringed on his 2A rights. Trial court found for DC but the Federal Appeals court reversed, saying that the 2A is an individual right. After refusing DC’s request for en banc hearings, the case was appealed to the Supremes and oral arguments were heard in March 2008. The verdict is due in June-July 2008, but examination of the transcript suggests that the Supremes will rule in favor of the individual right, not the collective right, argument. No clue yet as to how high they will set the “infringement” standard. Pro-2A forces want “strict scrutiny” applied to examination of firearm laws(same level generally applied to 1A cases) while the Anti-2A wants the least stringent standard available under law. No word yet as to w
