Criminal Defense: Second Amendment challenges to Gun Bans

Our criminal defense attorneys at Conaway & Strickler, PC know how to help you avoid being arrested or convicted for Firearm Offenses.

The Second Amendment under the Bill of Rights under the United States Constitution states that the right of the people to keep and bear arms shall not be infringed. Recent case law and legislation clearly indicate otherwise. It is well settled that one cannot have a firearm in court houses, schools, airports and the like. In District of Columbia v. Heller (554 US 570 (2008)), the court ruled that the Second Amendment is not unlimited, and is not a right to “keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose”. The court also clarified that many longstanding prohibitions and restrictions on firearms pass constitutional muster.

Please see criminal defense attorney Meg Strickler on Fox news discussing the right to bear arms and the Second Amendment. She discusses that the right to bear arms is not absolute. The public housing authority in this situation has a legitimate right in maintaining a safe environment. She goes on to discuss that if it was a private property owner, they would have even more rights in contracting in their leases special stipulations. When one rents an apartment, one often negotiates whether to have pets, when to play loud music, how many roomates one can have, etc. It is important in private lease situations to read all stipulations so that one does not sign away the right to bear arms/possess a gun in their own home.

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