The right to bear arms has been an important conversation in America for decades. As of recent tragedies such as the Sandy Hook shooting and the Aurora Colorado Theater shooting, the debate is more heated than ever. From large-scale massacres to single fatality shootings, gun violence is unwarranted and heartbreaking. However, the Second Amendment protects individual citizens’ right to own firearms: “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,” it states (Bill of Rights). Although this part of the Bill of Rights has not been changed in United States’ history, some citizens argue that, because the Constitution is a working document, this …show more content…
However, this right has never been without government regulation. Historian Saul Cornell wrote that, “States kept track of who had guns, had the right to inspect them in private homes, and could fine citizens for failing to report to a muster" (Talal Al-Khatib). Today, government regulations still apply. Some firearms are banned based on length of the barrel, and penalties for ignoring guidelines include fines and years in prison; additionally, those with bad criminal backgrounds are eligible for larger consequences than the average citizen (Federal Firearms Laws). Some people, such as felons and illegal aliens, are not allowed to possess firearms at the risk of large fines and years in prison (Federal Firearms Laws). The Brady Act forces owners to go through background checks before purchasing a weapon (Federal Firearm Laws). These and other regulations set by the United States’ Government ensure that there is a balance between the rights of an individual and the safety of a community. Unfortunately, even with set restrictions, gun violence is still prevalent in American society. Statistics vary, but NBC states that guns kill an average of eighty-seven people per day in America, most commonly from suicide, second from homicide, and third by accident (Just the Facts). Clearly, the United States has a problem. The Pew Research Center found that "Compared with 1993, the peak of U.S. gun homicides, the firearm homicide rate was 49 percent lower in 2010,
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
Imagine waking up in the middle of the night to a complete stranger who is in your house, threatening to harm you, and your family, and you cannot do anything about it. Imagine, not being able to go target shooting or hunting, because there are laws passed to prevent you from owning a firearm. The truth is, more and more people in this country are trying to restrict law-abiding people from owning firearms due to the overwhelming rise in gun related crimes. As law abiding citizens, the constitution gives us the right to bear arms. Whether it is for recreation or protection,
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 right to bear arms”, an amendment so prioritized by our founding fathers that it earned the very second spot on the list of birth rights as Americans. However, with constant tragedies striking the United States, such as massacres in public high schools and universities, mall shootings, and attempted assassinations on state representatives, it’s no wonder law makers are constantly debating the topic of gun control.
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.
“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.
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 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
Guns are one of the most controversial and debated-upon topics in America today. In the Constitution, Americans are given “the right to bear arms,” and many Americans are proud of and believe strongly in that right. Though, that right has been constantly misused. Homicides by gun are at a higher rate in the United States than any other country in the world, mass shootings are at an all time high (many of which have occurred in the past two years alone), and terrorism has been at an all-time high. So, naturally, it is a topic that needs to be discussed. In the articles Change Your Gun Laws, America (1), author Fareed Zakaria provides the readers with some harrowing statistics on guns and insight over how the U.S. laws on guns need to be managed.
America is the most well armed nation in the world, with American citizens owning about 270 million of the world’s 875 million firearms (Marshall). Indeed, this is more than a quarter of the world’s registered firearms. The reason why Americans own so many guns is because of the Second Amendment, which 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.” (Rauch) This amendment guarantees U.S. citizens the right to have firearms. Since this amendment is relatively vague, it is up for interpretation, and is often used by gun advocates to argue for lenient gun laws. Hence, gun control is a frequently discussed controversial topic in
There are new proposed gun control laws in the aftermath of the massacre at Sandy Hook Elementary School in Newton, Connecticut that occurred on December 14th, 2012. This incident claimed the lives of twenty 1st graders and six adults and has set the government in motion to try to prevent future acts of violence by strengthening gun control laws in the United States (Smith). This has been a topic that has been an extremely emotional debate with people on both sides unwilling to compromise. Gun advocates and critics of the new proposed gun laws argue that these new laws infringe on our constitutional