The Decision Of The Second Amendment Essay

1774 Words8 Pages
Through the decision in District of Columbia v. Heller (2008), the Supreme Court sets their first precedent concerning the Second Amendment’s protection of an individual’s right to possess firearms for self-defense by establishing the individual right of gun ownership for lawful purposes. The Court grants this interpretation of the Second Amendment after the U.S. Circuit Courts have set a six decade precedent of rejecting challenges to federal regulation of firearms with few exceptions under the United States v. Miller (1939) decision. Fox News Channel’s senior judicial analyst Andrew Napolitano, writing in defense of this decision, states that self-defense using firearms is a natural right enshrined by the Second Amendment, and that historical precedents of using guns to successfully defend against tyrants justify the current need for guns, not only for recreational activities such as hunting deer, but also for weapons with sufficient power to defend against enemies with equal effectiveness. Furthermore, supporters interpret the Second Amendment to apply to the individual’s right to keep and bear arms. However, based on the preamble to the Amendment, historical context, and the precedent case United States v. Miller, the Second Amendment intends to protect the right of people in a militia to keep and bear arms and does not preclude federal restriction of individual firearm ownership, especially considering the changes to the structure of the American militia and military
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