There had been only three US Supreme Court cases that dealt with the second amendment. They all held that the second amendment was related to militia service [and] granted a collective right, not an individual right. This was considered pretty settled until the 1960s.
They won the war in 2008 in a case called ‘The District of Columbia versus Heller’, when the Supreme Court held for the first time that the second amendment grants an individual right.
The nine justices of the US Supreme Court divided five to four along perfectly ideological lines. The conservatives said it grants an individual right, and the liberals all said, no, it grants a collective right.
Professor of Law at Roger Williams University in Rhode Island
January 26, 2016
How has the US gun lobby been so successful?
[Bogus is correct. As a name for this liar that is.
- The Bill of Rights, including the Second Amendment, does not grant rights. It protects preexisting rights. Read the words of the Second Amendment. Or read US v Cruikshank, “This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.”
- I can only think of two Supreme Court cases directly addressing the Second Amendment before Heller, one being Cruikshank, and the other is United States v. Miller 59 S.Ct. 816(1939). Neither say anything at all about a “collective right”. Miller is sometimes misunderstood to imply something like that but that interpretation is obviously wrong. Read my comments on that here.
- The Heller justices were not divided on the issue of an individual versus collective right in regards to the Second Amendment. The four dissenting justices said, The question presented by this case is not whether the Second Amendment protects a “collective right” or an “individual right.” Surely it protects a right that can be enforced by individuals.
Anti-gun people lie. It’s in their culture. It’s what they have to do to have any hope of making progress in their battle to eliminate our specific enumerated right to keep and bear arms.—Joe]