Less than a decade ago, the City of Chicago attempted to pass an ordinance
that would ban handgun ownership, even inside a trained individual’s
home. It immediately sparked serious controversy and prompted the case of
McDonald v. City of Chicago (2010). To not much surprise, the United States Supreme Court disagreed with
and overruled the ordinance, protecting the Second Amendment rights of
the law-abiding citizens of Chicago, and indeed the rest of the country.
The case is particularly noteworthy for a few reasons. Firstly, it reaffirmed
that the Second Amendment of the United States Constitution and its relatively
simple wording – “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” – still holds true into the
modern era. Secondly, it showcased that without constant legal vigilance,
the Second Amendment could be dismantled by the efforts of lower courts.
Your Gun Ownership Rights in America
The Second Amendment allows law-abiding citizens, no matter where in the
country they live, to bear arms. However, each state does have its own
specific rules and regulations regarding the right to own, carry, and
use firearms. In order to keep the Second Amendment impenetrable from
lower court attempts to subvert its power, it is important for all gun
owners to get familiarized with the laws of their state and always abide
by them. Illegal gun ownership behaviors and actions will only fuel the
arguments against the Second Amendment’s importance.
The average gun owner in America has the right to:
- Own most types of firearms with the correct permits.
- Carry a concealed firearm with the right licenses.
- Enter a public space with a firearm with appropriate permits
- Use a firearm in self-defense when immediate severe harm or death is imminent
if no defensive action is taken.
Once again, you should always double-check your state’s own gun laws
before purchasing, carrying, or using a firearm for the first time. There
could be specific nuances in the law that place unusual restrictions on
your Second Amendment rights. Even unknowingly violating the law can lead
weapons charges that carry heavy penalties, such as incarceration, steep fines, and the
removal of gun ownership rights for many years or permanently.
Have you run into legal trouble that is threatening your gun rights? If
you live in the Bay Area, you can rely on the Law Office of Ivan O.B.
Morse for trusted and tenacious legal representation from a highly-experienced
Dublin criminal defense attorney. Contact our firm
at your first opportunity to schedule a free initial consultation.