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First Amendment to the Constitution of the United States of America:

"Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

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Second Amendment to the Constitution of the United States of America:

"Amendment II. 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.

National Rifle Association (NRA) -- Protecting the Second Amendment to the Bill of Rights. Did you know that when Australia recently banned guns, VIOLENT CRIME WENT UP 50%? Did you know that when Florida and other States passed statutes allowing law-abiding citizens to apply for and receive concealed weapons permits that VIOLENT CRIME WENT DOWN? The fact of the matter is that not only is gun ownership a Constitutional Right, but from a practical matter, banning guns causes violent crime to go up and allowing law-abiding citizens to carry guns causes crime to go down. Don't let misinformed "gun grabbers" gut the Bill of Rights and cause needless innocent people to be murdered, mugged, raped and robbed by allowing criminals (who will always find a way to obtain weapons) free reign on innocent law-abiding citizens. Support Charleston Heston and the rest of the NRA.

In United States v. Emerson, 270 F.3d 203 (5^th Cir. 2001), the U.S. Court of Appeals for the 5^th Circuit held that the Second Amendment protects the right to possess a firearm, while upholding a law barring possession by a person subject to a domestic violence restraining order. In that case, the Court held that:

"[T]he words “the people” have precisely the same meaning within the Second Amendment as without. And, as used throughout the Constitution, “the people” have “rights” and “powers,” but federal and state governments only have “powers” or “authority”, never “rights.” Moreover, the Constitution’s text likewise recognizes not only the difference between the “militia” and “the people” but also between the “militia” which has not been “call[ed] forth” and “the militia, when in actual service.”"

Id. at 227-28 (citing constitutional provisions). In Emerson, the Court upheld the law in question, 18 U.S.C. § 922(g)(8), which prohibits firearm possession by a person subject to a domestic violence restraining order. The defendant in that case had notice and an opportunity to be heard, and Texas law requires that such restraining orders be entered only if the judge determines factually that the person is a danger. Emerson is a very important and significant case because it holds that there is an INDIVIDUAL right to possess firearms. The Emerson Court is CORRECT in this regard because it is clear that the Second Amendment provides INDIVIDUALS the right to possess firearms, of which there can be no reasonable doubt.*

*The information on this Webpage does not constitute legal advice, but instead opinion protected by the First Amendment. No one should rely on anything contained on this Webpage, and particularly, nothing regarding the information regarding the Second Amendment, without consulting their own legal counsel, and the applicable law in their own state. Further, this information may not be the applicable current interpretation of the law in California, and should not be relied upon, even in California, without consulting independent legal counsel.

Tenth Amendment to the Constitution of the United States of America:

"Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Libertarian Party -- Promoting Smaller Government and Protecting Your Individual Rights. The Only American Political Party that Still Believes in All of the First Ten Amendments that Comprise the Bill of Rights to the United States Constitution. Query: Are Libertarianism and Anti-Discrimination Laws incompatible? Answer: No. Check out the Fourteenth Amendment to the Constitution for the reasoning to the Answer to this Question.

Fourteenth Amendment to the Constitution of the United States of America:

"Amendment XIV. Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

". . .

"Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

American Civil Liberties Union (ACLU)

United States White House

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