Legal Opinion · Dissent

Drake v. Filko

Court of Appeals for the Third Circuit

Decided July 31, 2013No. 12-1150Published

1DissentHardiman, Circuit Judge

The Second Amendment 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.” In District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), the Supreme Court held that the Second Amendment protects an individual right to keep and bear arms for purposes of self-defense. Two years later, the Court applied the Second Amendment to the States in McDonald v. City of Chicago, — U.S.-, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010). Because I am convinced that New Jersey’s law…

2Cases cited44 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. District of Columbia v. HellerSupreme Court of the United States · 2008
  5. Elkins v. United StatesSupreme Court of the United States · 1960

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