Under the Constitution, is there a specifc section that states one has the right to own a gun of any sort?

Answer 1

The second amendment

Answer 2

The Second Amendment sorta does, sorta doesn't.

First of all, you have to understand who is bound by the Second Amendment. The Constitution creates and defines the federal government. The limitations, duties, obligations, powers, and responsibilities in it apply to the federal government only, EXCEPT for whatever parts of the first ten Amendments also bind the state through the magic of the Fourteenth Amendment. Until the USSC says the Fourteenth says something, it doesn't say it, and they've never ruled on whether the Second Amendment applies to the states, which means that until they do say so, it don't.

In other words: The Second Amendment only definitely applies to the federal government, and MIGHT apply to the states, but it's not definite.

Now, what it does say is that the federal government cannot interfere in any way with the right of the people to keep and bear arms. That's a total ban. They can't outlaw you owning a tank.

However, it doesn't give you the right to shoot anyone, and it doesn't say you can drive your tank on a state highway, and it doesn't say that a state or town can't ban anything they want to ban, and it doesn't say they can't forbid import of firearms, and it doesn't say they can't put in the contract with firearms manufacturers that by accepting the federal contract they agree to never sell to the public or any foreign country.

The Second Amendment just says what it says. The federal government can't outlaw any kind of weapon, and even the waiting period is an infringement in my view, no matter what the USSC says.

Answer 3

NO. Although the Second Amendment says what it says, whether it means (1) anyone has a right to own their own gun OR (2) anyone can own a gun ONLY to support a militia has NEVER BEEN determined.

Only the Supreme Court of the US can tell us how that amendment is supposed to be read and it has never looked at a case that asks it to spell out exactly what the Second Amendment grants US citizens.

The gun lobbyists have argued it means anyone can own a gun, but that is not all the Second Amendment says. Just like the Supreme Court has defined what the Establishment Clause means (i.e., separation of church and state), it must, at some time, define what right the Second Amendment protects. Until then, we are all just guessing.

Answer 4

Second amendment in the bill of rights

Amendment II

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

Since it is not specific in the definition of Arms, it is argued that it can mean any gun.

Answer 5

The second amendment states that our right to keep and bear arms shall not be infringed.
However that does not mean a weapon of any sort.
Fully automatic weapons and weapons that have been outlawed are not covered by the second amendment

Answer 6

Second amendment gives you the right to Bear Arms. Although, I just keep the whole bear around. Why would you want to cut off his arms?

Answer 7

Did you even bother to read the Constitution before you asked this question?

Answer 8

I appreciate the included phrase "well regulated". That's the piece of the puzzle that's missing from the equation.

Answer 9

You have the right to bear arms, but of course, there are exceptions to every rule.

Answer 10

Interesting, I thought I had applied the "Canadian" filter...