Legal Opinion · Concurring in the judgment

Daniel Binderup v. Attorney General United States

Court of Appeals for the Third Circuit

Decided September 7, 2016No. 14-4549 & 14-4550; 15-1975 & 15-1976Published

1Concurring in the judgmentHardiman, Circuit Judge

joined by FISHER, CHAGARES, JORDAN, and NYGAARD, Circuit Judges.

The Second Amendment secures an individual “right of the people” to keep and bear arms unconnected to service in the militia. District of Columbia v. Heller, 554 U.S. 570, 595, 128 S.Ct. 2788, 171 L.Ed.2d 637 (2008). This “pre-existing” right was included in the Bill of Rights in light of the troubles the colonists experienced under British rule and the Founders’ appreciation of the considerable power that was transferred to the new federal government. Without a specific guarantee in our fundamental charter, it was feared that…

2Cases cited107 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Johnson v. United StatesSupreme Court of the United States · 2015
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

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