The Second Amendment: Defending the Right to Bear Arms in Criminal Cases
Historical Facts and Background
The Second Amendment, ratified in 1791, 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."
Its origins are rooted in both the desire to ensure a robust civilian militia for defense and the individual right of citizens to possess firearms for self-defense and other lawful purposes.
For criminal defense, this amendment is crucial when individuals face charges related to firearm possession, use, or transportation, particularly when self-defense or the lawful exercise of this right is at issue.
Caselaws
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District of Columbia v. Heller, 554 U.S. 570 (2008) (
https://supreme.justia.com/cases/federal/us/554/570/ -
McDonald v. City of Chicago, 561 U.S. 742 (2010) (
https://supreme.justia.com/cases/federal/us/561/742/
How People Are Protected by the Laws
The Second Amendment protects individuals by establishing an individual right to bear arms, which can be asserted in criminal defense cases involving firearm charges.
This means that if a person is charged with a crime related to gun possession or use, their attorney can argue that the charges infringe upon their constitutional right to keep and bear arms for self-defense or other lawful purposes.
This protection often comes into play in cases of self-defense where a firearm was used, or when challenging overly broad gun control regulations.
Abuse of Rights by the Courts
While the Second Amendment protects individual gun ownership, courts have recognized limitations, and sometimes these limitations can be applied too broadly.
An example of potential abuse is the expansive interpretation of "felon in possession" laws, where individuals with old, non-violent felony convictions, even those unrelated to violence, may be permanently stripped of their Second Amendment rights without a pathway for restoration.
Another instance can be the overly restrictive application of "sensitive places" designations, which might prohibit lawful carry in a wide array of public areas, effectively nullifying the right for many law-abiding citizens.
Komorn Law
Since 1993, Komorn Law has been a vigorous defender of clients' Second Amendment rights. Attorney Michael Komorn is renowned for his mature understanding of complex legal issues, including those surrounding firearm possession and use.
Komorn Law has successfully represented clients in cases involving gun restoration, challenging unconstitutional restrictions, and defending individuals who have lawfully exercised their right to self-defense. Our firm’s aggressive approach ensures that clients' rights are fully protected throughout the legal process.
If you are facing charges related to firearms or believe your Second Amendment rights have been violated, contact Komorn Law at 248-357-2550 or visit
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