Constitutional Rights
Second Amendment Rights
The right to keep and bear arms is protected by the Constitution. We handle matters involving that right, from challenges to restrictions to questions that arise in firearm-related cases.
What the Second Amendment protects
What does the Second Amendment protect?
The Second Amendment protects an individual right to keep and bear arms. How far that right extends, and which restrictions are permissible, is an area of law that continues to develop in the courts. We represent people in matters that turn on that right, and we handle the constitutional questions that come up when a firearm is at the center of a case.
The areas we handle
When does a Second Amendment issue arise?
Restrictions on carrying
Challenges to limits on where and how firearms may be carried in public, an area the courts have actively revisited.
Restrictions on specific groups
Questions about firearm limits applied to particular categories of people, including based on a prior record, a protective order, or age.
Restoration of rights
Paths to restoring firearm rights that were lost, where the law allows.
Constitutional issues in criminal cases
Second Amendment defenses that arise inside a weapons prosecution, where the validity of the underlying restriction may itself be in question.
Charged with a weapons offense?
Is this a rights case or a criminal weapons charge?
If you are facing a criminal charge involving a firearm, that is handled through our criminal defense practice, where the first questions are often about the stop and the search.
Answers
Second Amendment questions we hear
Can I get my gun rights restored in Missouri?
It depends on why they were lost. A conviction, a domestic violence finding, or a mental health adjudication each affect firearm rights differently, and the route to restoration, where one exists, differs with them. It is worth having the specific basis checked rather than assumed.
Does a domestic violence conviction affect gun rights?
It can, and this is the consequence people most often do not see coming. It is one reason a domestic assault charge deserves attention well beyond the immediate penalty.
Is my case a Second Amendment case or a criminal charge?
If you are charged with an offence involving a firearm, that is a criminal defence matter first, even where a rights argument exists within it. See our weapons and firearm defence page. A Second Amendment case is usually a challenge to a restriction rather than a defence to a prosecution.
Can I challenge a firearm restriction?
Sometimes. The law in this area has moved considerably in recent years, and whether a particular restriction can be challenged depends on what it is, who imposed it, and how it applies to you.
What should I bring to a consultation?
Any paperwork showing why the restriction applies: court records, the disposition of any case, correspondence from an agency, or a denial notice. The basis for the restriction determines what is possible.
Talk to us about your case
Let us look at the restriction and your rights.
If your Second Amendment rights are at stake, reach out. You can reach us by phone or email.
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