[ARTICLE II.--1791]

 

     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.

 

Case Notes

 

  Defendant police chief was entitled to qualified immunity from plaintiff firearm permit applicant's 42 U.S.C. §1983 claims  for monetary damages for alleged violations of plaintiff's Second Amendment right to bear arms and Fourteenth Amendment procedural due process right because a reasonable official in defendant's circumstances would not have understood that defendant's conduct violated a right that was clearly established at the time of the denial of plaintiff's permit; §134-7, on which the denial was based, had not been invalidated by case or legislative action.  869 F. Supp. 2d 1203 (2012).

  Plaintiff firearm permit applicant's allegations that plaintiff was denied a permit and ordered to surrender plaintiff's weapons because of a conviction of harassment more than ten years before under §711-1106 and that the conviction was not a crime of violence under §134-7(b) or federal law for the purposes of prohibiting ownership or possession of firearms were sufficient to state a 42 U.S.C. §1983 claim for a violation of plaintiff's Second Amendment rights.  869 F. Supp. 2d 1203 (2012).

  Plaintiff firearm permit applicant's allegations that plaintiff was deprived of plaintiff's fundamental constitutional right to bear operational firearms and ammunition as guaranteed by the Second Amendment and that plaintiff was wrongfully denied a permit under this section without being afforded minimal due process protection such as a meaningful opportunity to be heard and to have the decision reviewed, were sufficient to state a 42 U.S.C. §1983 claim for denial of procedural due process under the Fourteenth Amendment.  869 F. Supp. 2d 1203 (2012).

  Plaintiff did not have standing to challenge chapter 134 on the basis of an alleged deprivation of a Second Amendment right; plaintiff failed to show "injury" because the right to bear arms is a right held by the states.  548 F. Supp. 2d 1151.

  Defendant could not claim that state firearms regulations infringed upon rights protected by Second Amendment.  82 H. 143, 920 P.2d 357.