Second Amendment Case Law (Part 3)

by | Sep 3, 2016 | Blog, Criminal Law, Know Your Rights

Gun Criminal AttorneyLike most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D.C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Iv had good lawyers defend me before but Mr.Sisto is beyond the best iv had. He explains everything every step of the way until your court date and excels on getting results , I defenatly recomend his services.
Imer J
Google star 1Google star 2Google star 3Google star 4Google star 5
Love his warnings of dwi checkpoints. Nothing but constitutionally illegal money makers.
Honkeytonk J
Google star 1Google star 2Google star 3Google star 4Google star 5
Professional, knowledgeable and responsive. I would highly recommend Fritz to any friend or family members.
William S
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr.Sisto helped me with my registration recently and it was a success. He was not only professional, but he answered in a timely matter and was very detail-oriented. He made sure my issue was resolved as fast as he could. I highly recommend Mr.Sisto to anyone who is experiencing legal issues.
Daniella T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred completely exceeded all expectations with the result of my case.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative.
Patrick S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good Lawyer , easy to work with . Gets results !
William C