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Therefore, the armed citizen-soldier carried the responsibility.
Service in militia, including providing one's own ammunition and weapons, was mandatory for all men.
The Second Amendment attracted serious judicial attention with the Reconstruction era case of United States v.
Cruikshank which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment did not cause the Bill of Rights, including the Second Amendment, to limit the powers of the State governments, stating that the Second Amendment "has no other effect than to restrict the powers of the national government." Akhil Reed Amar notes in the Yale Law Journal, the basis of Common Law for the first ten amendments of the U. Constitution, which would include the Second Amendment, "following John Randolph Tucker's famous oral argument in the 1887 Chicago anarchist Haymarket Riot case, Spies v.
Gun control advocates state that keeping guns out of the hands of criminals would result in safer communities, while gun rights advocates state that firearm ownership by law-abiding citizens reduces crime and assert that criminals will always have access to firearms.
Gun legislation, or non-legislation, in the United States is augmented by judicial interpretations of the Constitution.
When the Fourteenth Amendment was drafted, Representative John A.
The effect of those two amendments on gun politics was the subject of landmark U. Supreme Court decisions in 20, that upheld the right of individuals to possess guns for self-defense.
These two incidents were the attempt to confiscate the cannon of the Concord and Lexington militias, leading to the Battles of Lexington and Concord of April 19, 1775, and the attempt, on April 20, to confiscate militia powder stores in the armory of Williamsburg, Virginia, which led to the Gunpowder Incident and a face off between Patrick Henry and hundreds of militia members on one side and the Royal Governor of Virginia, Lord Dunmore, and British seamen on the other.
The Gunpowder Incident was eventually settled by paying the colonists for the powder.
This case has been described as about "a statute prohibiting the carrying of concealed weapons [that] was violative of the Second Amendment".
The first state court decision relevant to the "right to bear arms" issue was Bliss v. The Kentucky court held that "the right of citizens to bear arms in defense of themselves and the State must be preserved entire,..." Also during the Jacksonian Era, the first collective right (or group right) interpretation of the Second Amendment arose. Buzzard (1842), the Arkansas high court adopted a militia-based, political right, reading of the right to bear arms under state law, and upheld the 21st section of the second article of the Arkansas Constitution that declared, "that the free white men of this State shall have a right to keep and bear arms for their common defense", while rejecting a challenge to a statute prohibiting the carrying of concealed weapons.