Second Amendment

Question 1

Conditions on the sale of arms

Answer 1

Examples of lawful regulations include:

(1) imposing conditions and qualifications on the commercial sale of arms; and
(2) prohibitions on
(i) concealed weapons,
(ii) possession of firearms by felons and the mentally ill, and
(iii) carrying guns in schools, government buildings, and other sensitive places are presumed to be legitimate.

Question 2

Traditionally lawful purposes

Answer 2

The Second Amendment guarantees an individual’s right to possess a firearm:

(1) unconnected with service in a militia, and
(2) to use that firearm for traditionally lawful purposes, such as self-defense within the home, but this right is not unlimited.

Question 3

Standard of review

Answer 3

Because the right to bear arms is considered a fundamental right, restrictions on the right are evaluated under strict scrutiny.