Revising the Second Amendment to the United States Constitution for Today At the time when the Second Amendment to the United States Constitution was passed, circumstances were different than they are today. It should be amended, to reflect a consideration of the technological advances developed in contemporary firearms that consumers have access to today. Doing so would be a step toward curtailing future mass shootings by limiting the number of projectiles that a firearm can hold. When our forefathers wrote "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.", they were armed with muzzle-loaded, single shot, pistols, and rifles. While for many decades, …show more content…
Admittedly, people may hunt with this inherently inaccurate type of weapon, but there are more accurate alternatives available. At the same time, the banning of high capacity semi-automatic weapons does not jeopardize other legitimate hunting and target weapons at all. The Second Amendment, as it stands, is only one generalized sentence which does not take into consideration all of the factors in the case. For instance, the banning of certain types of weapons will not achieve the desired effect alone. Instead, a multi-faceted approach to the problem will be required to achieve the optimum effectiveness. For instance, in most cases, involving mass shootings, the weapons used were either legally obtained or were stolen by relatives of someone who legally owned the weapons. Perhaps, requiring all gun owners to securely store their weapons in a gun safe, and being held responsible if the guns fall into the wrong hand. Likewise, requiring more stringent background checks, possibly including psychiatric exams and a list of personal references to ensure that guns did not end up in the hands of someone who is mentally
The Second Amendment should be kept, and not changed for the worse, because it isn’t the gun that kills a person, it is very useful in situations when self-defense is required, and it provides a safer environment for everyone to live in.
People misuse or overuse the right to bear arms. Society believes since it is written in the constitution, we are able to own a gun for individual self defense or other purposes. Notably, the “right of self-defense is described by St. George Tucker as the first law of nature.”” In other cases, people believe it should not be in the constitution because it can be dangerous. However, another theory is that the constitutions defining statement is the people are to protect our democratic values. Uphold our traditional principles by defending against the foreign threats or domestic tyranny. With all of these concluding solutions to the nations debate over the right to bear arms, it is no wonder the U.S. has not come to a final decision. America, of course, will most likely never come to an agreement. Despite the argument, the second amendment is shaped to benefit the
The U.S constitution is in place to protect citizens rights from the government. It plays as a check in balance in powers amongst the most powerful. But why is that even with the constitution in place to protect us, we find certain discrepancies which result in Supreme Court cases or Landmark cases. One of the most disputable amendments in our constituting governmental platform is, to much surprise, the 2nd amendment. In my opinion, its due to its broadness in explanation. According to constitutioncenter, the 2nd amendment Passed by Congress September 25, 1789. Ratified December 15, 1791, and its states as followed, “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.” As you can see, its brief in what its prerogative is, but not specific on situational based questions. We as humans want to know the “what ifs” in any situation especially when something isn’t addressed. This results in cases that end up in the Supreme court. One of the most notable cases regarding the 2nd amendment, was District of Columbia v. Heller (2008).
Not only does the Second Amendment provide citizens with peace of mind that they can protect themselves against the authority, but it also allows citizens to protect themselves from fellow Americans, should the need arise. Firearms help to create a level playing field for all people, regardless of their age, size, gender, or even disability. Because we have the ability to carry arms, dangerous people no longer have the ability to pick and choose “easy” victims due to their lesser size or strength. No matter who you are, an added measure of security can make all the difference in a dangerous
Does the second amendment have a place in the year 2016? I personally don’t believe so. Before I go into great length, or become long winded, I will say that I am not for the second amendment. And with my upbringing, it would surprise a lot of people. I’m from the south. However, I am liberal, I come from a long line of conservative republicans and war veterans. Not to mention, my mother, by the age of 15, could take apart and put back together a machine gun. Guns as a hobby, I can respect, but it isn’t my cup of tea. Guns are dangerous, regardless if I am, or if the person holding one is. We owe it to ourselves, and to our fellow Americans to want to make the country we call home safer with every generation.
The history of the second amendment and the laws that have come after are significant, dating back to 1971, when the Bill of Rights was ratified to the Constitution. The Bill of Rights is a list of amendments that gives rights to individuals and limits government power. The second amendment states “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.” So, the original writing and intent of the second amendment was geared to militia and military only, and it did not address a specific type of weapon. The second amendments intent for individual Americans did not come into question until 1822. A Kentucky court case indicted a man for carrying a sword concealed in a cane. The man was fined $100.00. But it wasn’t until 1856, that the second amendment was affirmed by the US Supreme Court, that the ownership of a gun was extended to individuals as a right.
Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being
The Second Amendment of the United States Constitution is the amendment of the United States Bill of Rights that protects the right to keep and bear arms. The amendment clearly states that 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. This means that citizens of the United States shall be able to carry firearms within reason to do so, when pertaining to safety. The Second Amendment has been disputed over the years and has become very controversial for many reasons. On one hand, it is considered to be one of the most important amendments in the Constitution because it presents the citizens of the United States with a means to protect themselves. On the other hand, some feel that over the years, certain citizens have over stepped their second amendment rights and as a result, there have been a number of national tragedies with numerous casualties.
We have had several of the worst mass shootings in our nation's history in quick succession over the past few years. Certain legal restrictions and acts from our government could have prevented numerous deaths. Common sense background checks and limitations to cartridge size and assault weapons would surely have saved many lives at the Las Vegas Massacre, but certain men and women claim that these restrictions violate their second amendment right. They claim that guns aren't the problem. That guns don't kill people, people kill people. So limiting access to devastating guns is just avoiding the problem. The Second Amendment right presumably violated by common sense gun control is “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” (Second Amendment). The Second Amendment states that for the need of a well regulated militia to protect the security of the free state and the right for the people to keep and bear arms. Militias have been inactive for decades so in a sense the intent of the amendment is no longer relevant. Based on the 2nd Amendment, the Constitution is not still a valuable and viable document in modern America because it stands in the way of thorough background checks, training courses, and its vague wording and absolute intent make it inefficient to maintain peace and order and should be amended “To the People of the United
Most people would link violence and crime problems with gun control in America. The debate that Americans face today is the freedom the Second Amendment gives citizens and whether or not the country should repeal it. While some people feel that repealing it should solve the problem, others believe that it is one of the most important basic freedoms we have as Americans. Federal gun control laws are unconstitutional, and I believe the Second Amendment is both an individual and state right.
Guns, used for a wide variety of things, such as hunting, sports, and defense. Though destructive, guns have their uses. But what allows citizens to own guns in the U.S.? The answer to that question is the 2nd amendment. The amendment states that citizens can bear guns, and that a free state should have a good militia. At the end of the amendment, the amendment states that it should not be infringed. Back in 2012 Obama was claimed to try to take away guns. Should guns be taken away from U.S. citizens, or even the whole second amendment? Well, the second amendment should not be taken away, because guns provide defense against attackers, state militias provide more safety, and the amendment itself says it should not
Some could say that it really depends on whom you talk to of how the Second Amendment applies to the current battle over gun control in today’s society. For example, gun rights advocates like the NRA (National Rifle Association) interpret the Amendment to ensure the right of individuals to possess and carry firearms (A Right to Bear Arms?, UMKC School of Law). Gun control advocates such as the Brady Campaign to Prevent Gun Violence state that the term “militia” is used elsewhere in the Constitution, and it always refers to the state-organized militia (Tushnet, Interpreting). They believe that the Second Amendment is specifically slated towards the state-organized militia. The Amendment means that the Congress cannot disarm the
“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.” - Second Amendment. Throughout history, this sentence of twenty seven words has caused an intense debate. The polemic is that some people claim that a gun control policy is unconstitutional, while others disagree and even say it is necessary in order to reduce crime. Now, what does gun control mean? If it means to analyze who is responsible enough to own a gun by a “Universal Background Check”; that sounds right to everyone. But in the article “What Are Obama’s Gun Control Proposals? An Easy Guide” published in the National Journal by Matt Vasilogambros. The author states that the “gun-control
The second amendment is a very important thing in U.S. history. Without the second Amendment we would have never had such great things as Bacon 's rebellion, or the Civil war. It all actuality though the second amendment is in our constitution, because we used guns to rebel against the monarchy of England. After that we determined that the ability to own guns was a right, so that people would have the right to rebel incase America became a dictatorship. People still hold value to those laws today.In 2016 it is a different pitcher today, last year there were over 372 mass shootings. We live in a world where I, could go and buy a gun, and point it at a crowd of people and hold down the trigger until enough people are dead. We live in a world of little background checks. We live in a world where people value the second amendment over the natural right of life, liberty, and the pursuit of happiness; that were taken away from everybody shot. We live in a world where 20 six year olds can get killed and people tell us to not politicize it. We live in a cycle of shooting, grief, no coverage repeat. America is behind in the need to ban assault rifles. People will continue to die unless something is solved. With enough logic, one should be able to come to the conclusion that the right to bear arms, is wrong.
"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." The second amendment has been the subject to much political disagreements and controversy. It was written and ratified in December 1791 (Brooks “The Second Amendment & the Right to Bear Arms”). There are many who want to repeal “the right to bear arms” because they feel they feel that is why criminals get a hold of weapons so easily. Others say that citizens should have access to their own weapons and protection. Even more political controversy has arisen due to the mass shooting that took place in Las Vegas, Nevada last week-end leaving more wanting to revoke the second amendment. In spite of this, I have been brought to the conclusion that the second amendment should not be redacted because, some rely on hunting as an income, citizens have a right to defend themselves, and citizens have a right to defend their freedom.