Thursday, October 27, 2005

Federal Govt. Recognizes the Second Amendment as an Individual Right

Amid all the hoopla regarding the passage of the Protection of Lawful Commerce in Firearms Act (S.397), passed last week by Congress and signed this week by the President, largely overlooked are the Congressional findings included in the law:

(a) Findings- Congress finds the following:

(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.

(2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.

As pointed out at the Volokh Conspiracy, courts are not bound by Congressional findings when interpreting constitutional provisions, however, such findings may be influential in a particular case. This is a Good Thing, and hopefully gets us a bit closer to the time when courts routinely recognize the 2A's status as an individual right on par with free speech, etc.

No comments: