The meat of Parker
THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION PROTECTS AN INDIVIDUAL’S RIGHT TO KEEP AND BEAR ARMS, EVEN WHILE NOT ENGAGED IN STATE SERVICE.
Justice Story argued that “[t]he right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic.” 3 Joseph Story, Commentaries on the Constitution, p. 746 (1833). An examination of the Second Amendment’s history, text, and structure, separately and within the context of the Constitution as a whole, confirms “that it protects the right of individuals, including those not then actually a member of any militia or engaged in active military service or training, to privately possess and bear their own firearms, such as [an ordinary] pistol . . . that are suitable as personal, individual weapons and are not of the general kind or type excluded by Miller.” United States v. Emerson, 270 F.3d 203, 260 (5th Cir. 2001) (citing United States v. Miller, 307 U.S. 174 (1939)).
For more on Triggerfinger’s excellent coverage of the suit, click here.
July 13th, 2006 at 2:04 pm
I love stuff like this.
For those who havent seen it…. straight from the USDOJ. [url]http://www.usdoj.gov/olc/secondamendment2.htm[/url]