Protecting Your Second Amendment Rights

Unconstitutional Enforcement of Gun Laws

The Second Amendment of the United States Constitution clearly states: “the right of the people to keep and bear Arms, shall not be infringed.” This is an absolute restriction on government, not a grant of permission. Any law - whether local, county, state, or federal - that infringes this right is unconstitutional and invalid, regardless of other legal considerations.

Local Ordinances That Infringe the Second Amendment

Some local ordinances and municipal enforcement policies have attempted to restrict lawful gun ownership or carry. These unconstitutional restrictions may include:

• Bans on carrying firearms in parks, public spaces, or municipal buildings, which violate citizens’ fundamental right to bear arms.

• Excessive licensing or registration requirements that burden lawful gun owners without justification under the Constitution.

• Zoning restrictions on firearm sales or storage that effectively prevent law-abiding citizens from exercising their Second Amendment rights.

These laws are invalid by definition, because the Second Amendment leaves no exceptions for local, county, state, or the federal government to infringe upon the right to keep and bear arms.

Unconstitutional Enforcement Practices

Even beyond written ordinances, enforcement can itself be unconstitutional:

• Arresting or citing individuals for exercising their right to bear arms.

• Confiscating legally owned firearms without probable cause or due process.

• Selective enforcement that targets specific neighborhoods or individuals, violating equal protection principles.

Such actions directly infringe the Second Amendment, regardless of policies, ordinances or laws.

“Shall Not Be Infringed” Means Government Restriction, Not Citizen Limitation

The phrase “shall not be infringed” is a limitation on government power, not a restriction on citizens. Local governments, city councils, and law enforcement officers cannot make or enforce laws that violate this constitutional guarantee. Any ordinance or policy that does so is automatically invalid and unenforceable.

Defending Your Rights

Residents have multiple avenues to protect their Second Amendment rights:

• Challenging unconstitutional ordinances and enforcement in court.

• Advocating at city council meetings to repeal or amend infringing laws.

• Supporting Second Amendment sanctuary resolutions to resist unconstitutional local enforcement.

Residents must remain vigilant to ensure that their right to keep and bear arms is never restricted by local government overreach, consistent with the absolute language of the Second Amendment.