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Second Amendment of the United States Constitution : ウィキペディア英語版
Second Amendment to the United States Constitution


The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights.〔(【引用サイトリンク】title=US Senate Annotated Constitution )〕 The Supreme Court of the United States has ruled that the right belongs to individuals,〔(【引用サイトリンク】date=30 March 2012 )〕〔(【引用サイトリンク】title=Permanent resident aliens have second amendment rights too | Monachus Lex )〕 while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right per the incorporation of the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common-law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.〔(【引用サイトリンク】title=Blackstone's Commentaries on the Laws of England - Book the First - Chapter the First: Of the Absolute Rights of Individuals, page 139 )
In ''United States v. Cruikshank'' (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence" and limited the applicability of the Second Amendment to the federal government.〔(【引用サイトリンク】title=United States v. Cruikshank - 92 U.S. 542 (1875) )〕 In ''United States v. Miller'' (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia".〔(【引用サイトリンク】title=United States v. Miller, 307 U.S. 174 (1939) )〕〔CRS Report for Congress ''District of Columbia v. Heller: The Supreme Court and the Second Amendment'' April 11, 2008 Congressional Research Service T.J. Halsted, Legislative Attorney, American Law Division. Order Code RL34446 http://assets.opencrs.com/rpts/RL34446_20080411.pdf.〕
In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest.〔 In ''District of Columbia v. Heller'' (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual right to possess and carry firearms. In ''McDonald v. Chicago'' (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Fourteenth Amendment applies the Second Amendment to state and local governments to the same extent that the Second Amendment applies to the federal government. Despite these decisions, the debate between various organizations regarding gun control and gun rights continues.
==Text==
There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, and various published transcriptions.〔Davies, pp. 209–16.〕〔The second amendment's capitalization and punctuation are not uniformly reported; another version has four commas, after "militia," "state," and "arms." Since documents were at that time copied by hand, variations in punctuation and capitalization are common, and the copy retained by the first Congress, the copies transmitted by it to the state legislatures, and the ratifications returned by them show wide variations in such details. Letter from Marlene McGuirl, Chief, British-American Law Division, Library of Congress (Oct. 29, 1976).〕〔(【引用サイトリンク】title=Errors in the Constitution )〕〔(【引用サイトリンク】title=The Second Amendment Controversy Explained - Theodore L. Johnson - Google Books )〕〔(【引用サイトリンク】title=Writing Instruction for Generation 2.0 - Gloria E. Jacobs - Google Books )〕〔(【引用サイトリンク】title=Constitutional Mythologies: New Perspectives on Controlling the State - Google Books )〕〔(【引用サイトリンク】title=Separation of Powers in Practice - Thomas Campbell - Google Books )〕 The importance (or lack thereof) of these differences has been the source of debate regarding the meaning and interpretation of the amendment, particularly regarding the importance of the prefatory clause.
One version was passed by the Congress.〔In Part II-A of the Opinion of the Court in ''District of Columbia v. Heller'', the Supreme Court cited this version of the amendment, but another version is found in the copies distributed and then ratified by them.〕〔(【引用サイトリンク】title=The Constitution of the United States of America: Analysis, and Interpretation - 1992 Edition - Second Amendment - Bearing Arms )〕〔(【引用サイトリンク】title=Reading the Second Amendment: The Freeman: Foundation for Economic Education )
As passed by the Congress and preserved in the National Archives, with the rest of the original hand-written copy of the Bill of Rights prepared by scribe William Lambert:〔(【引用サイトリンク】title=National Archives - Bill of Rights )
As ratified by the States and authenticated by Thomas Jefferson, then-Secretary of State:〔(【引用サイトリンク】title=A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875 )

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