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Your Rights Under the Second Amendment

The Second Amendment to the United States Constitution states that “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.” While individual states have their own interpretations and laws surrounding this amendment, United States citizens are, in general, entitled to keep and bear firearms in order to protect themselves.

Learn more about your rights under the Second Amendment and how these rights apply in the state of California.

The History of the Second Amendment

The founding principles of the Second Amendment lie in the era of the Revolutionary War. During this time, it was discovered that militia forces could not be relied on for national dense. As a result, the Constitutional Convention decided that the federal government should have the authority to establish peacetime standing armies and to regulate the militia.

This shift of power to the federal government generated one of the chief objections to the Constitution, as it generated fear among Anti-Federalists that states would not be able to defend themselves against federal oppression.

As a compromise, the Federalists and Anti-Federalists agreed on two principles: that the federal government would have near-total legal authority over the army and militia, and that the federal government should not have any authority to disarm the citizenry. Thus, the Second Amendment was born.

Second Amendment Rights in California

Although the Second Amendment is a federal statute, individual states may interpret the amendment differently. In California, for example, state laws dictate who may and may not own or possess a gun. In most cases, adults over the age of 21 are permitted to purchase a firearm in California without a license. Anyone legally allowed to own a gun may keep the gun in their own residence or place of business.

Those prohibited from owning or possessing a gun in California, on the other hand, include the following:

  • Those under the age of 18

  • Those convicted of a felony

  • Those convicted of certain misdemeanors

  • Those who have been placed on involuntary psychiatric hold at least two times in one year

  • Those who are addicted to narcotics

If you or someone you love is facing a weapons charge in California, we’re here to help. Our managing attorney, Virginia L. Landry, is an ardent supporter of your Second Amendment rights and she knows how to defend these rights in court.

Contact the Law Offices of Virginia L. Landry at (888) 272-6668 to learn how we can assist you.