The Second Amendment : The Rights Of A Free State, The Right Of The People

1034 Words5 Pages
Dalvin Leary
Roger Marietta
English 1101
08 October 2014
Gun Control
The second amendment 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”. The Second Amendment protects an individual 's right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home.
In 1939 The Court adopted a collective rights approach in the case of United States v. Miller, determining that Congress could regulate a sawed-off shotgun that had moved in interstate commerce under the National Firearms Act of 1934 because the evidence did not suggest that the shotgun. That
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The court strengthen the amendment with the case McDonald v. City of Chicago. Seventy- six year old Otis McDonald and Adam Orlov and David and Colleen Lawson challenged Windy’s city because they were banning the possession of handguns in 1982. The case was organized by Heller’s attorney Alan Gura. Otis McDonald considers himself one of few defenders of peace and security on the leafy, house-lined street where three of his children grew up and played. The gangbangers and drug dealers have taken over, he says. “You go out there in the morning and pick up bottles and things on the lawn,” he explains, describing events of the past summer. “They’re out there at three in the morning, in the middle of the street, drinking and smoking their stuff. They throw stuff all over your lawn, and you can’t say anything, because they might up and shoot you.” McDonald says his house has been broken into three times and his garage twice most recently, early one morning this past August by a man McDonald recognized from around the neighborhood. Does McDonald think the robber planned to sell the stolen possessions for drugs? “Of course, of course,” he says matter-of-factly. (as cited in Tanaka) By a five to four decision the court ruled that the second amendment was integrated by the fourteenth amendment the due process section so therefore individuals’ could have handguns in their household for self-protection.
Gun control has been a political hot potato for years.
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