10th Circuit: No Individual Right to Bear Arms
The Tenth Circuit Court of Appeals joins a growing number of circuits in holding that the Second Amendment does not confer an individual right to bear arms (pdf). For those who haven't read it lately, the Second Amendment says:
“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.”
The court reaffirms prior decisions holding that:
...to prevail on a Second Amendment challenge, a party must show that possession of a firearm is in connection with participation in a “well-regulated” “state” “militia.”.... The Second Amendment does not guarantee an individual the right to keep and transport a firearm where there is no evidence that possession of that firearm was related to the preservation or efficiency of a well-regulated militia.
The Court notes that the 5th Circuit (which includes Texas) is the only circuit to hold the Second Amendment conveys an individual rather than collective right to bear arms. In the Emerson case in the 5th Circuit,
The Second Amendment “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.”
Here's where the other circuits stand:
< State Sentencing Guidelines Attacked in Supreme Court | Gang Murder Conviction Tossed: Lying Witnesses > |