Inherent Right to Keep and Bear Arms


Yesterday’s Supreme Court hearing of McDonald v. City of Chicago gave clues as to whether the court will apply the Second Amendment right to keep and bear arms to the states. The 2008 ruling in District of Columbia v. Heller held the right to be an individual right but that applied only to federal law and did not decide whether the states could restrict that right.

By most news accounts the tenor of the justices questions indicated that they will decide that the right indeed is guaranteed to the citizens through the Fourteenth Amendment privileges and immunities clause. One attorney argued beyond the constitution, the right is fundamental and would exist even if not enshrined in the Bill of Rights. (See for example, the Fox News article.)

A 2008 Ted Nugent interview picks up on this theme particularly as it relates to self defense.

I agree.

Tom Motherway

Tom Motherway

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