1. What is the Constitutional basis for gun ownership?
The Constitutional issues of ownership are contained
explicitely in these sections.
The basic Constitution gives Congress the power to regulate
the Militia.
The Constitution of the United States of America
Article I.
Sect. 8. The Congress shall have power
- To raise and support armies, but no appropriation of money to
that use shall be for a longer term than two years;
- To provide and maintain a navy;
- To make rules for the government and regulation of the land and
naval forces;
- To provide for calling forth the militia to execute the laws of
the union, suppress insurrections and repel invasions.;
- To provide for organizing, arming, and disciplining, the militia,
and for governing such part of them as may be employed in the
service of the United States, reserving to the States
respectively, the appointment of the officers, and the authority
of training the militia according to the discipline prescribed by
Congress;
The 2nd amendment limits the basic power of Congress in
regards to the militia in that it prohibits the power of Congress
in regard to the militia from disarming the militia. (Noting at
the time the militia was considered to be every able bodied male,
etc.)
2nd Amendment
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.
The 14th prohibits the denial of an Federal right by any
state. (The Doctrine of Incorporation holds the 2nd has not been
incorporated as there has not been any Supreme Court decision
related to a specific state law.)
14th Amendment
Sect. 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 any person within its jurisdiction
the equal protection of the laws.