San Mateo DUI, Criminal Defense LawyerSecond Amendment & Gun Control
The second amendment does not provide an absolute right to bear arms. Various gun control laws have been constitutionally upheld, including laws related to who can possess a gun and under what circumstances. For instance, persons convicted of felonies and certain misdemeanors are prohibited from lawfully possessing firearms. One of the strongest pieces of anti-gun legislation is the Assault Weapons Control Act of 1989. In substance, this Act bans all assault weapons. The Act was upheld as constitutional in 2000 by the California Supreme Court, Kasler v. Lockyer, 23 Cal. 4th 472. Click to review Kasker v. Lockyer. Prior to purchasing, possessing, transporting or manufacturing a weapon, or weapon part, professional advice should be sought.
Various gun laws and punishments can be reviewed at The Law Offices of Ross Green.
