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.
The gun debate in the United States widely revolves around the intended interpretation of the Second Amendment. Those who support gun rights claim that the founding fathers developed and subsequently ratified the Second Amendment to guarantee the individual’s right to keep and bear arms. Those who want more stringent gun laws feel that the founding fathers directed this Amendment solely to the formation of militias and are thus, outdated.
As a constitutional researcher, I’ve been assigned to take a closer look at the Second Amendment of the US Constitution. The Second Constitution reads “A well-regulated militia, being necessary to the societies of a free state, the right of people to keep and to bear arms shall not be infringed.” Specifically, I am reviewing the portion of the amendment that speaks to the right to bear arms. I believe there are several constitutional issues with this part of the amendment that may not apply to today’s world.
I. The second amendment reads as follows, 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 American citizens have the right to have and use guns and other weapons respectively.
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.
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.
The opposite side of this debate consists of those who claim that the amendment guarantees some sort of individual right to arms. This view comes from the literal wording of the Second Amendment, which states, “the right of the people to keep and bear Arms, shall not be infringed.” Along with this argument, the NRA and other groups in opposition of gun control argue that the first, fourth, ninth, and tenth amendments are all constructed to refer to the citizens as individuals and not as a collective state. These gun advocates feel that if one is to give a rational interpretation of the collective view to the constitution, then one would have to assume that the Framers referred to the individuals in the first, fourth, and ninth amendments; to the states in the second amendment, and then separated the states and the people in the tenth amendment, although they feel that this was inconsistent with the wording of the second amendment (5).
The second Amendment to the United States Constitution protects the right of people to bear arms and was adopted in 1791. It guarantees all Americans "the right of the people to keep and bear Arms, shall not be infringed." It is more described as supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state. Former Chief Justice of the United States, Warren E. Burger writes an essay regarding “The Right To Bear Arms,” that originally appeared in the Parade Magazine in the 1990’s that questions if “The Right To Bear Arms,” is an outdated idea. Burger argument is that the gun control would lower if handguns were lowered. He also talks about the”Militias,” which is an army that protects the security of the state. Our “State Militias,” in our time, serves as a huge national defense.
The second amendment of the constitution 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.” (Cornell Law) For over fifty years, the amendment has been interpreted to the courts that people individually do not have the right to own gun, but rather that this right is to be regulated by legislatives on the federal,
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
In recent years, the topic of gun control has become an increasing heated debate. Some think that the second amendment does not grant people with the right to bear certain guns. Others argue that under the second amendment, the right to bear arms involves all guns and that their right should not be infringed on by the federal government. Issues surrounding the interpretation of the Second Amendment has been involved in many Supreme Court cases throughout the years of the United States of America.
The Second Amendment of the United States Constitution reads: “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 constitution is clearly saying all citizens have the right to be able to own and carry a weapon or firearm. On June 26, 2008, in District of Columbia v. Heller, the United States Supreme Court held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves (Cornell 1). This is showing how our founding fathers supported the right to bear arms.
According to The Second Amendment of the Constitution, the citizens of the United States have the right to own and bear arms, in order to form a well-regulated militia for the security of the states. This right has been discussed for decades as an important issue for the American society, and it has been one of the most controversial issues in the second half of the twentieth century until nowadays. This right germinated with the threat to freedom that the standing army of professional soldiers brought to the Americans. Some argued that the right to bear arms is mainly concerned with self-defense while others argued that this right was implemented to avoid militia disarmament and protect the Free State. This right was
For the last few years when you turn on the news there has been a mass shooting somewhere in the United States. This sparked up massive debates about the right to bear arms. Then lobbyists like the NRA, (National Rifle Association), step in and started to protect our rights to have firearms. Since then people all over the United States have been debating about gun rights. The Second Amendment, “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 the most debated amendment in the Constitution.