The Second Amendment and Gun Laws

by | Jun 7, 2018 | Blog Posts, Federal Criminal Defense, NC Criminal Defense

The Second Amendment


second amendmentThe Second Amendment of the United States Constitution codifies the right of the people to keep and bear arms for their own defenses. At the time that the Constitution was drafted, the country did not really have a government-operated military. In part, the government needed private citizens to bear the burden of protecting our defenseless infantile nation. It was out of this basic necessity that the Second Amendment was born.

The Second Amendment states: “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.”

Obviously the Second Amendment has become a topic of heated debate in recent years. Nevertheless, most people probably understand that “the right to bear arms” is not without restrictions.

All states have laws and regulations regarding weapons. There are at least some restrictions on who can obtain what weapons and how. For example, there are licensing and possession restrictions. There are sales restrictions.

Restrictions on where you may possess a gun

There are also restrictions on bringing otherwise lawful weapons into certain buildings. Various laws and rules bar bringing weapons into most government buildings. And of course, private citizens and businesses are free to ban weapons on their property.

Restrictions on how you may possess a gun

Further, there are criminal statutes that make the failure to abide by certain weapon restrictions criminal. For example, carrying a concealed weapon is a Class 2 misdemeanor. You can read more about weapons laws in North Carolina by clicking here.

Restrictions on what you may do with a gun

There are many, many other gun crimes in North Carolina including but not limited to: discharging a firearm into an occupied dwelling or vehicle; going armed to the terror of the people; and assault by pointing a riffle.

Restrictions on who may possess a gun

Another noteworthy gun restriction is the restriction placed on the ability of a felon to possess a gun. Possession of a firearm by a felon is illegal in North Carolina. Click here to learn about the collateral consequences of criminal convictions in North Carolina. And click here to learn about possession of a firearm by a felon in North Carolina. Note that possession of firearm by a felon is also a federal crime.

If you have been charged with a weapons crime or other crime in North Carolina or South Carolina, contact a criminal defense lawyer to discuss your options.

DISCLAIMER – This forum is intended for general questions and comments about the particular law or topic. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Please refrain from revealing your identify or specifics about any actual criminal case. No attorney-client relationship is created in this forum.

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