Congressional Digest

Supreme Court Debates May 2008 No. 5 Vol. 11
Lower Court Holding

The Second Amendment

Gun Control and the Right to "Bear Arms"

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Lower Court Holding

Decision of the District of Columbia Circuit U.S. Court of Appeals

The Second Amendment provides: “A well regulated Militia,being necessary to the security of a free State, the right of the people tokeep and bear Arms shall not be infringed.             Theprovision’s second comma divides the Amendment into two clauses; the first isprefatory, and the second operative.             Appellants’argument is focused on their reading of the Second Amendment’s operativeclause. According to Appellants, the Amendment’s language flat out guaranteesan individual right “to keep and bear Arms. Appellants concede that theprefatory clause expresses a civic purpose, but argue that this purpose, whileit may inform the meaning of an ambiguous term like “arms, does…

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