From a Constitutional perspective, are handguns encompassed within the scope of the 2nd amendment?
CHEMERINSKY: There’s long been dispute over the meaning of the 2nd amendment. One side says that the 2nd amendment is about the right of individuals to have guns. The other side says that it is for the right to have guns for the purpose of militia service. Each side supports the text of the 2nd amendment. The amendment says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” “Gun control” advocates say the amendment is clear. “It’s all about the right to having guns for the purpose of military service.” “Guns rights” advocates say, “…but it proclaims the right of people to keep and bear arms shall not be infringed.” Now, the issue before the Supreme Court, not surprisingly, is divided five Justices to four Justices in the Conservative direction because five of the Justices are more Conservative; they ruled in favor of the “gun rights” position. ALI: Regarding Conservative versus Liberal a
