Reflections On Winkler 's ' Gunfight ' The Battle Over The Right ' Bear Arms ' America '

The following critical analysis of the Essay, “The Second Amendment and the Right to Bear Arms” by Lee Professor of Law at William and Mary Law School, William Van Alstyne, is intended to highlight a few of the different short-comings and argumentative fallacies presented by even the most legally astute individuals who oppose forms of gun control. While the author does present a multi-facet and well-orchestrated presentation of fact and principle, there are two essential claims being asserted on his part. The author’s intent is to demonstrate the importance of gun right protection and to justify the NRA’s practices in the name of doing so. In my dissection of the essay, I intend to demonstrate the argumentative fallacies and examine the ways in which the NRA is generally harmful to the progression of gun control reform, and therefore public safety in the United

Gun control is one of the most debated about topic today in America; between news outlet, the public, and politicians. As some politicians look to resolve the gun control issues, with banning them, imposing more restriction to sellers, buyers and owner; some people and politicians consider the second amendment to be relic and should be removed from the constitution. History has shown us time and time again even through all the violence and chaos in the world and America, that there is a reason for the creation of the second amendment. From history of America independence in 1776 to the ratification of the bill of right in 1791 the 2nd amendment still remains relevant form it creation, to modern times, and the protection of America’s future; for the freedom of its inhabitants and citizens. The once influential 20th century thinker George Santayana once said, “Those who cannot remember the past are condemned to repeat it”. Looking back into ancient history, the history of second amendment, recent and current history we can find clues that will support the relevance of the 2nd amendment. We will also define the second amendment and try to find solutions to our current problems from what our forefathers had say.

The right to bear arms is a birth given right to all Americans by the Second Amendment to the United States Constitution. The Second Amendment has become controversial recently due to the technological advancement of firearms. Modern firearms are capable of both high rates of fire and greater capacities of ammunition, unlike the single shot muskets that were available at the time of the Second Amendment’s conception. American liberals view these improvements in firearms as dangerous and unnecessary. However, no matter how dangerous firearms may be, the Second Amendment is a necessity for one factor alone: protection from one’s own government and it must be upheld. The Second Amendment provides a physical tool for Americans to defend themselves against a tyrannical government, it allows Americans to form militias against a tyrannical government, and it allows Americans to maintain comparable firearms of the U.S. government in order to prevent the potential loss of American freedoms in the future.

Death, violence, individual rights, crime, and cost are many words that arise when researching the controversial topic of gun control. This issue revolves around the Second Amendment of the United States Constitution and 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.” Is there a black and white answer or is there a need to find a middle ground? The foundational right must be preserved for an individual to own a gun. However, basic safety measures need to be in place for added protection and security of all Americans. To explore why this balance is the best option, it is necessary to look further into the

The first speaker, Dr. Khal Schneider, addresses the words behind the 2nd amendment. He provides us with a historical background around the formation of the amendment and further describes the works that are within this amendment. He highlights words such as “Militia”, “necessary”, “arms”, and “infringed”. He describes how these words can be interpreted differently, thus making it hard to actually interpret the amendment for what it actually means. For instance, he draws attention to the word “arms” and describes the evolution. He illustrates that his amendment must be looked at in respects to the century it was written in. He then describes the difference between “arms’ within both centuries. He draws attention to the increase

“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.” In our political climate today, there is an ongoing debate on the meaning of the second amendment. In particular, much controversy centers upon whether we should make gun control laws more strict like the laws in DC, or if we should make laws to encourage and embrace American citizens to own firearms and carry them in public, similar to laws in Vermont. In fact, some citizens wonder why we even have the second amendment in the first place.

One of the most controversial issues in our society today is the topic of private gun ownership and gun control laws. This controversy has arisen mostly due to the different ways that the second constitutional amendment is interpreted. The amendment states that "a well regulated militia, being necessary to the security of a free state, the right to the people to keep and bear arms, shall not be infringed" (Lott, 2000). On one side of the issue, there are those that believe that the amendment guarantees the right of individuals to possess and carry a wide variety of firearms. On the other side are those that contend that the amendment was only meant to guarantee to States the right to operate militias.

Throughout the course of American history, the court systems of the Judicial Branch have determined what is and isn’t acceptable in today’s society. Without the precedents set forth by the Supreme Court, the people of America would run wild and not have any disciplinary consequences. Although some cases that appear before the judges may be simple and easily acquire a unanimous decision, many hearings cause much controversy not only for the justices, but for the American people as well. Even though the Constitution of the United States states in the Second Amendment citizens can legally bear arms, it is still a hot topic that tends to cause much debate. Despite the substantial tensions about the right to bear arms, the Second Amendment was not

The debate over stricter gun laws has been ongoing in the United States for quite some time now. Individuals who oppose stricter gun control laws argue that the second amendment to the constitution of the United States constitute part of the bill of rights that protect the right of American citizens to bear arms, and any attempt to set up laws for gun control will be a direct violation of this (Hofstadter 10). They argue that the primary purpose of the amendment was to ensure that American Citizens had the capability to protect themselves against criminal activities and defend the country against external aggression. From a personal perspective, the recent surge in instances of gun violence in the United States of America indicates that stricter gun control laws are necessary for the safety of the American citizenry. Thus, this paper is going to focus on highlighting the benefits of more stringent gun control laws and why members of the public should support it.

In America, the average amount of people shot per year is 100,000; over ten thousand defenseless people are murdered. The Second Amendment’s proclamation 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” has been an extensive topic of debate. Moreover, the amendment has been one of many debates over the several years throughout America. The discussion of gun control is often debated as to whether or not it is morally right to legally bypass the Second Amendment to avoid unlawful uses of arms. The Second Amendment allows citizens to carry firearms specifically for protection, gun control hinders that right and places civilians’ lives in danger. In short, the U.S. government’s intrusive restrictions on gun laws prevent law-abiding citizens from defending themselves with firearms.

The 2nd amendment is one of the most debated topics in the United States. It’s a very important topic because it concerns every citizen in the country. Many people feel that the 2nd amendment should be repelled to avoid unfortunate incidents such as a weapon landing on the hands of an irresponsible person simply by not securing the firearm appropriately, an increase of street shootings, and accidental trigger pulls. On the other hand, others believe that the right to bear arms is essential to our country because it protects us from devastating events, some of which

Heller, the court ruled that “the Second Amendment protects a pre-existing individual right to keep and bear arms…including, ‘the individual right to possess and carry weapons in case of confrontation’” (National Rifle Association, 2011 par 4). Although the Constitution gives individuals the right to bear arms, it does not exclude “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places…or laws imposing conditions and qualifications on the commercial sale of firearms,” (Romano & Wingert, 2011 par 13). In recent years here has been much discussion among the nation’s lawmakers and their constituents as to whether or not the Second Amendment is still constitutional; the question is whether or not the Second Amendment should be revised, to prohibit the sale of firearms to those who do not meet certain conditions and qualifications, or even removed from the constitution. According to a national survey of 1,005 high school students, conducted by Vittes, Sorrenson and Gilbert, “63.7 percent of high school students believe that regulating the sale of guns does not violate the constitution” (2003, pg 12). In the same survey, 64.6 percent responded that they would support stricter laws addressing the sale of firearms, and 82.2 percent of those surveyed, believe that the government should make and enforce laws making it more difficult for

One characteristic of American culture trough out the years, has been its affinity for diverse weaponry, particularly guns. However, many do not realize that America’s relationship with guns is engraved into the very frames upon which the country was established. In the eightieth century, as a means for hunting and self-conservation during the American Revolutionary War and the American Indian War, it was established with the enactment of the American Constitution 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”, also known as the Second Amendment. (Constitution)

The Second Amendment to the U.S Constitution is fiercely debated and interpreted differently among American citizens and argued with between the Legislative and Judicial branches of our government. “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,” (Brooks). Because of the Second Amendment, citizens have the right to possess firearms and use them for protection. When researching the origin of the Second Amendment, its modern applications, and its relevance in today’s society, one can determine the Second Amendment’s current implications on today’s society.

The continuing Mass Shootings in the United States has caused the gun control debate to intensify. While anti-gun control advocates say the Second Amendment guarantees each individual the right to bear arms, the pro-gun control group reads the Second Amendment as a collective right to bear arms; meaning organized militia are the only ones with that right. This essay will analyse the effectiveness of several different articles which present arguments for and against gun control.