What are Stand Your Ground Laws?

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,

The Stand Your Ground Laws are becoming a hot topic in today’s news. Headlines are flooded with stories about cases around the country. These laws surround everyone from your everyday citizens to prominent sports figures and entertainers. The Stand Your Ground laws provide individuals with certain rights to protect themselves in events where they may feel threatened. It is also known as the Castle Rule, most of the United States have adopted some form of this law to protect its’ residents who may feel the need to use self-defense in situations where they may feel threatened. These laws spread quickly around the country since Florida passed the first laws in 2005. The law in most states would suggest that a person attempt to retreat

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 Stand your Ground Law has recently been debated to be a just or unjust law of retaliation. The stand your ground law permits individuals to use deadly weapons when they feel threatened or can be harmed. That means if one feels that they are in fear of losing their life they have every right to defend themselves by any means necessary. This law does not state that if someone is not in the way of facing physical harm or losing their life that they have a right to kill someone else.

This discussion addressed the 2nd amendment in relation to the 21st century. Considering the most recent attacks on society, this issue is being highly addressed throughout America, and this discussion follows just that. Throughout this event, the speakers analyze the words behind the 2nd amendment, described the increase in police brutality in relationship to guns, and illustrates the connection guns have in history.

​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

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.

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

In recent years, the self-defense doctrine in several jurisdictions has been changing. Some jurisdictions have started using “stand your ground” laws, which change the traditional requirement that the person being attacked must “retreat to the wall” before using any kind of force. Proponents’ arguments include that the law merely codifies an individual’s deep-rooted right to defend oneself. Opponents’ arguments include that the law creates a “license to kill” and has negative racial implications.

America has always prided itself on being the land of the free. Our national Constitution and Bill of Rights have ensured that the people of America maintain their basic rights. Nevertheless, many of the rights guaranteed in these historic documents are often the subject of heated debate. The right to be free from unreasonable searches and seizures under the Fourth Amendment, the Fifth Amendment’s guarantee against self-incrimination, the First Amendment’s protection of speech and petitioning activity, all of these issues have been subject to contentious arguments in courts of law and the courts of public opinion. Of late, however, the most lengthy, argumentative and noisy debates have focused on gun control. Some people think that

‘Stand Your Ground’ laws have been at the center of escalating deliberation, mainly after the law was applied in a number of exceedingly-broadcasted events (Auerbach, 2015, p.1). Stand Your Ground law is a term for a “type of self-protection in which an individual is legally allowed to defend his or herself against a threat or perceived threat against their life; law requires that individual be in a place he or she is lawfully allowed to be (Long, N.D.).” The debate concentrated on whether Stand Your Ground laws justifiably serve to protect the public. The laws are relevant to American society’s perception on self-defense.

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

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

But critics, gun control groups, civil rights activists, and even some law enforcement officials, maintain that they fuel a trigger-happy culture. The renewed debate over Stand Your Ground comes at a remarkable point in our thinking about guns: For the first time in nearly two decades, a majority of Americans say it’s important to protect citizens’ right to own guns. In states with Stand Your Ground laws, justifiable homicides have increased 85 percent, and the shooting of a black person by a white person is deemed justifiable 17 percent of the time. Meanwhile, the shooting of whites by blacks is found justifiable in only 1 percent of cases (Love,