Second Amendment rights must be the most controversial section of the Constitution, it most definitely has to be the most challenged. Lawsuits have been brought up against the Second Amendment for many years, challenging whether or not it should still be a part of the Constitution, and the meaning behind the verbiage used. The anti-gun crowd has attempted multiple times to prove the Second Amendment should apply only to a militia and that the average citizen has no right to own a firearm. The National Rifle Association (NRA) is the largest lobbyist group for pro-gun rights and one of the most powerful interest groups in politics today. They have successfully supported the defense of the peoples’ right to own firearms for many years. After many years of failing to accomplish their agenda, the anti-gun crowd has a new tactic: instead of facing the multimillion members of the NRA (Statistic Brain Research Institute, 2014) they are now going after the gun manufacturers and dealers. They cannot stop the sale of guns therefore they want to eliminate the source. This paper will identify the historical foundation of the Second Amendment, describe the National Rifle Association’s involvement, and site the legal precedence and challenges.
History of the Second Amendment.
In the beginning our forefathers knew that without arms there could be no long lasting liberty or freedom. “The English republican views on the relationship between arms and democracy profoundly influenced the
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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
In America guns have been a part of the country’s society since it’s birth. Throughout history the citizens of the US have used firearms to protect the nation, protect their families, hunt for food and engage in sporting activities. The issue of Guns and gun control is complex. Weighing the rights and liberties of the individual against the welfare and safety of the public has always been a precarious balancing act. In the United States, gun control is one of these tumultuous issues that has both sides firmly entrenched in their positions. Those parties in favor of gun ownership and the freedom to use and keep arms, rely on the fact that the provision for such rights is enshrined in their constitution. In this climate of
The title of this article corresponds with Vandercoy’s intentions of explaining the history behind the second amendment, and why it is important to the United States’ foundation. Going back to medieval times, England did not have an organized army
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.
America needs to institute, and initiate gun control laws throughout the entire nation. But not everybody who inhabits the United States believes in regulating arms. Those who are against establishing gun laws argue that gun control directly infringes upon their “right to bear arms” granted to them by the 2nd Amendment. Anti gun control supporters, such as the National Rifle Association, often claim that the act of regulating guns is a sufficient reason why such an Amendment was introduced in the constitution; to protect themselves from any and all forms of violation of civil liberties and freedom. Supporters of anti gun laws are unwilling to welcome any interpretations of the 2nd Amendment that do not match up “word for word,” as was written in the Bill of Rights.
The article “Gun Control Laws: Should the United States adopt stronger gun control laws?” focuses on the debate on passing stricter gun control laws. For example, supporters believe that gun control laws will decrease mass shootings and gun violence. Additionally, adopting these laws does not violate the Second Amendment, and as a result it does not limit the government from the use of fire arms when it is necessary. However, opponents argue that the gun control laws will not stop gun violence. The problem is the people holding the gun and not the gun itself. Furthermore, opponents gathered that stronger gun control laws do violate the Second Amendment. The author illustrates the debate on whether the United States should or should not adopt stronger gun control laws.
In his book ‘Gunfight: The Battle over the Right to Bear Arms in America,’ Wrinkler tried to present an unbiased view towards the second amendment in the light of historical events and landmark cases that has tried to challenge or obtain the court’s interpretation. One of such cases is the ‘District of Columbia v. Heller’ case, which was argued and decided in 2008 (Supreme Court of the United States). For several instances, the provision in the Second Amendment that pertains to the right of an individual to bear arms has been contested. In fact, the clause, which 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”, is perhaps the most misconstrued clause in the American constitution (Supreme Court of the United States). Adding to the significance of this highly debatable clause is the fact that a flurry of gun related incidences has happened in the United States in the past that has taken many lives including that of children. Among the most significant authors that has attempted to answer the question or at least laid out the possibilities regarding the second amendment is Adam Wrinkler. In light of Winkler’s arguments as well as with other sources, this paper will examine the historical
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.
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 debate over gun control has been raging through the American political systems for years. On one side, there is the National Rifle Association (NRA) and 2nd Amendment-citing citizens who use their firearms for hunting and self-defense. On the other, there is Handgun Control Inc. (HCI) and followers of the Brady Campaign who want to ban guns on the basis that they are dangerous. Both sides have strong arguments, anchored in historical precedent and statistical analysis. Anti-gun control lobbyists’ arguments include the guarantee of the 2nd Amendment, the definition of “militia” as any adult male, self-defense, the relative uselessness of permits and regulations, and court cases in favor of firearm possession. Pro-gun control activists
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
The arguments of the anti-gun lobby are generally based on so-called "common-sense" and emotional pleading, with relatively few statistics backing up their claims. They argue that the Second Amendment to the Constitution is only giving the states the right to regulate militia activity and therefore possess and "bear" arms (Rowland 3). Some of the more extreme anti-gun lobby advocate repealing the Second Amendment altogether. Since the most extreme advocates of gun control wish to ban guns regardless of the Constitution, it becomes necessary to not just examine the law of the land, and the courts interpretation, but also the underlying philosophies of both sides of the debate.
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.
Gun control has a history dating back to 1791, when the Second Amendment of the Constitution was ratified. However, more recently, the debate over gun control has escalated into a much more public issue to which many citizens can relate. After all, stories about incidents involving guns appear frequently today in newspapers and on television or the radio. One could say that the debate started with the passage of the Gun Control Act of 1968, which banned ownership of guns by certain groups of people and regulated the sale of guns. Since then, two main groups have gradually appeared: people who oppose strict federal