The Second Amendment of the United States constitution stipulates: “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.” This Amendment is one of the most controversial in the entire Constitution as there is significant disagreement regarding whether this vests a personal right to bear arms in every person or whether guns may beowned exclusively by members of an organized militia.
In 2008, the Supreme Court confirmed an individual’s right to bear arms in a case called District of Columbia v. Heller. However, even as this case resolved many years of legal disagreement regarding whether the Second Amendment applied to individuals, the court also made clear that the right to bear arms is not unlimited. Questions regarding appropriate gun control measures center around exactly what limitations lawmakers can put on the right of individuals to own guns.
If you have questions about the right to bear arms, it is important to get qualified legal advice to ensure you remain in compliance with all state and federal laws. Sepahi Law Group, APC can help you to understand what the right to bear arms means and can assist you in complying with any restrictions or limitations imposed on this constitutional right.
Limits on the Right to Bear Arms
Because the Bill of Rights was instrumental to the founding of this country, it is essential that all rights within the Constitution are protected and preserved. Any legislation that infringes or limits a person’s constitutional rights is subject to strict scrutiny. This means a law cannot stand if it abridges constitutional rights unless it is narrowly tailored to achieve a public policy objective that is of fundamental importance.
Limits have been imposed restricting many different constitutional rights to a certain extent. For example, the First Amendment guarantees the right to free speech but a person cannot yell “Fire” in a crowded theatre. Likewise, some restrictions on the right to bear arms have been determined to be constitutional. For example, certain felons are not permitted to own guns and gun dealers are generally required to conduct a background check on individuals who wish to buy guns. It has also been made a crime to purchase a gun for someone else to evade restrictions and background checks (i.e. straw buyers are breaking the law).
There is a great deal of controversy over how far limitations can go, but most lawmakers seem to be moving in the direction of providing more gun rights despite efforts by some safety advocates to impose stricter laws. For example, 39 states are now shall issue states, which means a concealed-carry application cannot be denied without specific justification for the refusal.
To learn more about restrictions and limitations on the right to bear arms in San Diego, contact Sepahi Law Group, APC today to speak with a member of our legal team.