Individual rights interpretation

The federal appeals court overruled the district court with regard to the action taken against the defendant, but its decision left intact the lower court s conclusions about the Second Amendment. Meanwhile, however, other federal appeals circuits (notably the Ninth) have continued to deny the individual rights interpretation of the Second Amendment. 

Currently only the Fifth Circuit (see U.S. v. Emerson) has upheld an individual right to keep and bear arms in the Second Amendment. If the Supreme Court should eventually resolve the conflict between the circuits in favor of this interpretation, a stricter test would presumably be applied to state gun laws. Of course, some regulations might still pass such scrutiny. 

Carmer, Clayton E. For the Defense of Themselves and the State The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms. West-port, Conn. Praeger Publishers, 1994. Explores the conflict between the original intent of the Second Amendment, well established by scholarship as conferring an individual right to keep and bear arms, and the judicial interpretation of the Supreme Court and most other courts that have pre-... 

Gottlieb, Alan M. Gun Rights Affirmed The Emerson Case. Bellevue, Wash. Merril Press, 2001. Recounts the arguments and ruling in a federal district court that for the first time affirmed that the Second Amendment guaranteed an individual right to keep and bear arms. (Note that an appeals court subsequently found against the defendant but left the Second Amendment interpretation intact.)... 

Sprigman, Chris. This Is Not a Well-Regulated Militia. Open Forum, Winter 1994, n.p. Reviews Supreme Court cases and concludes that the Court has interpreted the Second Amendment as protecting state militias, not as an individual right to bear arms. Sprigman cites United States V. Miller (1939) and argues that the militia concept is probably not relevant to modern America. 

In the last few decades, courts and commentators have offered what may fairly be characterized as three different basic interpretations of the Second Amendment. The first is that the Second Amendment does not apply to individuals rather, it merely recognizes the right of a state to arm its militia. This states rights or collective rights interpretation of the Second Amendment has been embraced by several of our sister circuits. The government commended the states rights view of the Second Amendment to the district court, urging that the Second Amendment does not apply to individual citizens. 

Once the decision has been made to use QRA, the next step is to execute it effectively. Chapter 3 describes the process of setting up an individual QRA. This chapter discusses the importance of defining the right problem for analysis and selecting the right analysis techniques it also provides an overview (not a how to) of the various classes of QRA techniques. Chapter 4 discusses ways to interpret and use QRA results. Conclusions about the future of QRA in the CPI are offered in Chapter 5. 

The pushdown stores considered in the previous chapter contain as individual items members of any domain. In the case of monadic schemes we can get away with a simpler and stricter definition of a store. We can regard a store as a special variable u whose value under any interpretation must be a member of T for a fixed vocabulary T and to which we can apply as functions only POP(u) (which erases the rightmost symbol, if any, of u regarded as the top of the stack) and PUSH(u,A) (which adds A to the top (right) of u for any A in T ). The only... 

Figure 1.16 29Si MAS NMR spectra for NaY zeolites with three different (0, 1, and 3 wt%) Ru loading [121], The slight changes in relative intensities among the different peaks seen in these data are interpreted in terms of changes in Al coordination around the individual silicon atoms, as indicated by the diagram on the right [122], (Reproduced with permission from Elsevier and The American Chemical Society.)...

This short, rather cryptic decision has been interpreted in two different ways in the continuing debate over the meaning of the Second Amendment. Gun control advocates cite it as clearly stating that the Second Amendment must be interpreted in terms of the militia clause and does not give individuals the right to keep and bear any sort of firearm they want. 

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