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Summary of the second amendment
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Summary of the second amendment
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The United States is the most armed nation where there are more firearms than people. In 2013, there were roughly 357 million firearms in the United States, 40 million more guns than people (The Washington Post). The main reason Americans own so many guns is because of the Second Amendment of the constitution 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.” This amendment guarantees a citizen the right to own a firearm. Since the amendment is somewhat ambiguous, it is often used by gun activists to argue for lenient gun laws. Thus, in the wake of times like these where mass shootings are commonplace gun control is a frequently discussed …show more content…
Because of its vagueness, the interpretation of the Second Amendment splits the gun control advocates from their opposition. The founding fathers of this nation believed 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” (U.S. Constitution). This complex sentence from the Bill of Rights brings many arguments to light with its simple wording. It is very open to interpretation, which is what causes both sides of the debate to have legal footing on the matter. The National Rifle Association (NRA), which is a gun advocacy organization, is led by the philosophy that it, “defend(s) and foster the Second Amendment rights of all law-abiding Americans”(NRA). What gun rights activists like the NRA fail to understand are the conscionable limits to the Second Amendment. Supreme Court Justice Antonin Scalia stated in the majority opinion of the District of Columbia V. Heller decision, “like most rights, the right secured by the Second Amendment is not unlimited”(Supreme Court). These sanctions are legal evidence that the Second Amendment allows for the government to regulate the distribution, ownership, and use of weapons. Moreover, Justice Antonin Scalia, is regarded as the most conservative justice, and clearly highlights that gun control is useful and …show more content…
On November 30, 1993, the imperative Brady Laws were enacted. These laws required a 5-day waiting period on all gun sales so that in-depth background checks could be completed. Also, whenever multiple handgun purchases were to occur, they were now allowed to be reported to the police. People who were deemed mentally ill by the courts were not allowed to purchase weapons and American leaders emphasized that the laws may have in fact prevented gun violence from spreading. The Gun Control Debate, an academic journal that was released after the expiration of the Federal Assault Weapons Ban in 2004, Bob Adams states that, “deaths from firearms in the United States dropped sharply, from almost 40,000 in 1993 to 29,700 in 2002. And the number of licensed gun dealers dropped from 285,000 to 104,000 in three years.” Further analysis of these statistics show decreasing death rates from guns and decreasing gun supply after the enactment of the Brady Law and the Assault Weapons Ban, Adams sheds light on the positive effect these laws and regulations had on the overall well-being of this nation. The reinstatement of these regulations is essential and must be incorporated into future gun control propositions. Evidence ascertains that gun control laws are effective in reducing gun-related violence and deaths. However, we live in a time where these
Over the centuries, the Supreme Court has always ruled that the 2nd Amendment protects the states' militia's rights to bear arms, and that this protection does not extend to individuals. In fact, legal scholars consider the issue "settled law." For this reason, the gun lobby does not fight for its perceived constitutional right to keep and bear arms before the Supreme Court, but in Congress. Interestingly, even interpreting an individual right in the 2nd Amendment presents the gun lobby with some thorny problems, like the right to keep and bear nuclear weapons.
Opposing sides have for years fought over the laws that govern firearms. For the purposes of this paper "Gun Control" is defined as policies enacted by the government that limit the legal rights of gun owners to own, carry, or use firearms, with the intent of reducing gun crimes such as murder, armed robbery, aggravated rape, and the like. So defined, gun control understandably brings favorable responses from some, and angry objections from others. The gun control debate is generally publicized because of the efforts of the Pro-Gun Lobby or the Anti-Gun Lobby.
Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being committed with guns will be reduced and thus save lives. However while gun control laws may decrease criminals’ access to guns, the same laws restricts gun owning citizens who abide by the law; these citizens make up a great majority of the opposing side of this argument. These people argue that the law was made with the individual citizens in mind. This group believes that the Amendment should be interpreted to guarantee citizens free access to firearms. One major group that is in strong opposition of stricter gun control laws is the National Rifle Association (NRA). The NRA argues that having stricter gun control laws will only hinder law-abiding citizens. The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted.
Of Americans 3% own half the country's 265 million guns, that means each of those 3% own more than one gun. We have the individual right to own and use these arms. Gun control is a big debate in politics right now. I personally do not believe in gun control, i just feel like if a good guy had a gun then he would be able to stop things like shootings from happening. So do organizations like the NRA (National Rifle Association), the GOA (Gun Owners of America), and the SAF (Second Amendment Foundation) “The answer to crime is not gun control, its law enforcement and self-control” (Alan Keyes political activist) This violates our second amendment right of the U.S. constitution to keep and bear arms. So it's all in the best interest that we keep gun control from happening, so that we can keep our second amendment.
Gun control laws are wholly ineffective at reducing crime, suicide, or accidents, and they often snare innocents in their complicated red tape. They cost hundreds of millions of dollars in direct and indirect costs to taxpayers leaving fewer resources available for truly effective prevention programs. Advocates of gun control are long on emotion, but short on results. Citizens should demand proof of efficacy before funding or allowing any governmental agency to usurp personal liberties. Not only are gun control laws ineffective, they are counterproductive – not to mention unconstitutional.” (buckeyefirearms.org)
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 American politics.
“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 right of all Americans to bear arms is a right the Founding Fathers held to equal importance as the Constitution itself. Gun control laws directly violate this right and therefore should not even be under consideration. Even if that issue is overlooked, gun control advocates state that in order to reduce firearm related violence, gun control laws must be implemented to remove the violence caused by firearms. Although this may seem reasonable, the consequences of such laws are ironically counterproductive; they exacerbate the problem instead of fixing it. Besides the fact that the American Constitution guarantees its citizens the right to bear arms, the idea of restricting gun ownership in order to reduce firearm-related violence would ultimately fail given the previous experiments of gun control in England and in numerous states.
Jacobs, James B., and Kimberly A. Potter. "Keeping Guns out of the ‘Wrong’ Hands: The Brady Law and the Limits of Regulation." The Journal of Criminal Law & Criminology 86.1 (1995): 93-120. Print.
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 growing violence, rife with turmoil and crime, gun advocates feel more than ever that their position is justified. As citizens of the “Land of the Free” possessing a gun is a fundamental right, and may even be a necessity... Anti- gun lobbyists point to the same growing violence and gun related crimes in an effort to call on the government to take action. By enacting more laws and stricter control, these people not in favor of guns feel society would be better safer.
Everyone in the United States of America has an opinion on gun control regardless of their age, race, or religion. From within those opinions arguments are formed. People are arguing about gun control at their jobs, at their schools, and sometimes at their places of worship. On one side of things there are the people that support gun control like certain politicians or political organizations, teachers, police officers, and so on. On the other side of things there are the people that are against gun control, people such as hunters and various types of criminals. When it comes down to sensitive topics like gun control, there are very few people that do not choose a side. The Second Amendment, like all Amendments that constitute the Bill of Rights, is not absolute. There are vague legal boundaries that have been set down thus far which answers some questions, but leave many more open (Sanders).
Take a look at the history of our country and the role guns have played in it. According to the second amendment gun ownership is perfectly legal and guaranteed as a right. There were and are good reasons for this, luckily they are still practiced today. Back in the day guns used to be for hunting and, on the occasion self defense. But when the colonists of this country had enough of British rule, they picked up there own personal guns and went to war and the British saw first hand how powerful the rough band of average American gun owners were. Our forefathers knew that the general population if armed would be key in winning the war. And it was.
According to data gathered from many news outlets. Statistics show that there has been over 350 mass shooting in the United States alone and an estimate of 14,000 people who were killed by firearms in the past year. These incidents have opened the door for many citizens to question if having the rights to possess a firearm is a privilege that Americans are not yet ready to handle. While others believe there is no better time to own a gun than now in today's age.
Gun control is both a crime issue, as well as a safety issue. It can range from moderate to extreme. Gun control goes as back as the 17th century where Japan was using guns for war making as to current tragedies occurring in schools. Guns have never disappeared, they have only multiplied in numbers to numerous amount of guns, ranging from small to big. Gun control isn't only a problem but it can also be solution depending on how it is being used and the person using it. Gun control can be controlled with many methods but in the end it matters how the person is going to use the weaponry.
The National Rifle Association (NRA), recognized today as a major political force and as America's foremost defender of 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.” The NRA adheres to the belief that the Second Amendment guarantees the right of individuals to bear arms. Recent U.S. Supreme Court cases have confirmed those beliefs. In spite of whether one personally adheres to these interpretations of the amendment or not, the fact is there are over two hundred million guns in this country. Moreover, there are over seventy-five million firearm owners. In addition to the NRA’s political activity for second amendment rights, it has fulfilled a service, as since its inception, it had been the premier firearms education organization in the world by providing firearms safety and training.
The most common argument to restrict gun ownership is that the Second Amendment permits a well-regulated militia allowing for regulations on gun ownership. However, this is false because the meaning of well-regulated has changed since 1789. Back then well-regulated meant in working order or well disciplined. The intention is clarified by George Mason when he said "I ask who are the militia? They consist now of the whole people, except a few public officers." The founding fathers wanted to have the entirety of the population capable of fighting against the government should it become tyrannical again.