The Second Amendment The 2nd amendment “The Right to Bear Arms” has not been brought up to date in over 200 hundred years and it is time that we make the necessary adjustments. Handguns and assault weapons are to blame for many mass killings in America. Each year, more than 30,000 people die in the United States in firearm-related incidents. Handguns and semi automatic weapons have been used in these massacres. The choice of rules such as exercising the right to further background checks and limit the availability of automatic weapons should be the first and foremost concern of both federal and state legislators. When this amendment was added to the constitution the majority of men ages 16 and up were part of the militia (military) and did …show more content…
have the right to bear arms. That was over 200 years ago and really does not apply in today’s world. As we evolved and society changed this amendment should have changed to meet the needs of the present not the past. There are cases where the courts uphold the original meaning and find that the right to carry a concealed weapon is not just. One of the first rulings concerning the 2nd Amendment was back in 1876 , U.S. v. Cruikshank. The case involving members of the KKK not permitting black citizens the right to the same freedoms white people were privileged to, for example: the right to assembly and the right to bear arms. As part of the ruling, the court said the right of each individual to bear arms was not granted under the Constitution. Ten years later, the court maintained the ruling in Presser v. Illinois when it said that the Second Amendment only limited the federal government from prohibiting gun ownership, not the states. In 1939 Jack Miller and Frank Layton were arrested for carrying an unregistered sawed-off shotgun across state lines, which had been prohibited since the National Firearms Act was enacted five years earlier.
Miller argued that the National Firearms Act violated their rights under the Second Amendment. The Supreme Court disagreed stating that the Second Amendment does not guarantee the right to keep and bear such a weapon. Since the conception of the 2nd Amendment federal judges evenly understood that the right protected by that sentence was limited in two ways: First, it was for military purposes, and second, while it limited the power of the federal government, it did not impose any limit on the power of states or local governments to regulate the ownership or use of firearms. Our Founding Fathers did not intend for the average citizen to have the right to carry sawed-off shotguns or assault weapons when they added the 2nd amendment. This amendment was to help the government protect the citizens against threats. In 2008, the Supreme Court decided in the case of, District of Columbia v. Heller that the Second Amendment protects a civilian’s right to keep a handgun in his home for the reason of self-defense. In Chicago the case of McDonald v. Chicago the court decided the due process clause of the 14th Amendment limits the power of the city of Chicago to ban the possession of handguns by private citizens. In my opinion both decisions misinterpreted the amendment completely. …show more content…
Public policies concerning gun control should be decided by the local voters’ and local elected officials, not by federal judges. The 2nd Amendment, The Right to Bear Arms should be modified to meet the needs of the present day.
The massacres and killings that seem to be more of the norm may not have happened. if this amendment was adjusted properly as society evolved. The Columbine massacre, Sandy Hook, and the horrific use of guns in Chicago can easily be prevented in the future. Modifying the 2nd amendment and making it clear to all citizens the true nature of the meaning “the right to bear arms” will help alleviate some of the senseless killings in our world. Guns should not be the first resource we use they should be the last; George Washington himself thought that the use of guns should be the last resort and resource
used. Making adjustments and updating the 2nd Amendment will help ensure that the laws are being upheld. Instant background checks should be done to prevent individuals who are currently prohibited by law from possessing a firearm, such as convicted felons, and those who suffer from any form of mental illness from purchasing firearms from commercial dealers. Private sales of firearms should be restricted, the sales should be made public. The 2nd Amendment was written with the best of intentions for the good of the people, it just needs some adjustments/tweaking to better suit today's society.
With many recent incidents that involve guns between 2012 and 2013, gun control laws have become a hot topic in America. On one hand, after the horrific incident like the Sandy Hook Elementary School shooting at Newtown in 2012, most people wanting to limit guns from getting into the wrong by setting up a rigorous system that control who can and cannot obtain a gun. On the other hand, we have the people who believe that with such rigorous system in place is violated the individual rights that granted and protected by the United States Constitution. They believe that the rigorous system will prevent people from defending themselves and could be a violation of their privacy. Regardless of which side is right, if we want to understand more about our current conflict, we have to look back on how this hold debate started. The District of Columbia v. Heller, the Supreme Court case in 2008 that found the Firearms Control Regulations Act of 1975 unconstitutional, which influence the individual right to keep and bear arms for self-defense by questioning the Second Amendment and laws that restrict a person from acquire guns.
United States is a country that has problems with gun control, and this issue has many debates between whether or not people should be allowed to carry a gun on them. This free county not only for speech and religion, but also allows people to have the right to bear arms. The Second Amendment of the United States was written by our Founding Fathers,“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” (Government). The main purpose of the Second Amendment when our Founding Fathers wrote this amendment was to help the American citizens to defend themselves from the government at that time, and other countries from invading their properties. However, the Second Amendment could be the opposite of what our Founding Fathers wanted it to be in the twenty-first century, because many criminals are taking advantage of the right to carry guns, which in example results with the purpose of showing off with their friends, revenge for their gang’s members, or try to be like their favorite hero in the movie they had watched. On July 20, 2012, a massive shooting occurred inside of a movie theater in Aurora, Colorado. The tragedy happened during a midnight screening of the film The Dark Knight Rises which killed twelve people and injuring seventy others. In response, this alarmed our government to rethink about the current gun control law in America. In A Well Regulated Militia by Saul Cornell, the author informed to his audience the different views of gun ownership in early America, which part was the most important part of the debate, how did slavery affect the debate over militias in the South, the Continental army officer’s views, and the arguments be...
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
Heller,” the United States Supreme Court revealed what the Second Amendment is really about. In June 2008, a S.W.A.T. officer with the Washington, D.C., Police Department sued in the District of Columbia District Court for the right to carry a handgun while off duty. The Supreme Court ruled that he had the right to carry a weapon for a lawful purpose, and the District Court's opinion was reversed from the decision in 1939 when the Second Amendment was last interpreted. It also ruled that two District of Columbia laws, one that banned handguns and the other one that required firearms kept in the home to be disassembled or trigger-locked, violated the Second Amendment
is the use of a Militia? It is to prevent the establishment of a standing
The second amendment grants all Americans the right to bear arms. The ability to hold a firearm at any time as long as the firearm is registered. In the United states, all it takes to hold a firearm is a background check and a safety class. In a short reading from the “American Now” book a short article By Christina Tenuta called Responsible gun ownership saves lives she asks “do Americans really need guns?”, but are the guns really the problem? Although the second amendment requires some decent documents , the qualifications to obtain a firearm needs to be revised to a mental check, a family history check , and also to make it a priority for reinforcement to check on the registered firearm every six to twelve months.
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.
Although the Second Amendment prevents the federal government from completely banning guns in America, limited restrictions are allowed on the distribution and possession of firearms. Certain groups of people such as criminals, the mentally unstable, and soldiers dishonorably discharged from the military are prohibited from possessing or interacting with firearms (Flynn). These restrictions are enforced by background checks in some states on both a state and federal level. However, gun laws vary from state to state and are often not thorough enough; the background checks are flawed due to lack of information and misinformation, and guns can easily end up in the hands of criminals and malevolent individuals. The ease of obtaining a firearm in America fosters crime and a dangerous environment. Hence, the Second Amendment should be reinterpreted so that stricter gun laws can be implemented because modern citizens do not require guns, current background checks are flawed, gun...
Gun control has been a controversial issue for many years. A vast majority of citizens believe that if gun control is strictly enforced it would quickly reduce the threat of crime. Many innocent people feel they have the right to bear arms for protection, or even just the pleasure of hunting. Americans have a constitutional right to own hand guns and stricter laws and licensing will not affectively save lives.
The second amendment to the US Constitution shows that it is unconstitutional to have complete and total gun control. The second amendment 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.” This means that it is the right of an American citizen, abiding by the constitution, has the right to bear arms. Currently, there are over three hundred and seven billion people residing as American citizens. Within the homes of these Americans, forty five percent have a registered gun in their household. As a diverse nation, there are many reasons why there are guns located within a household. Sixty percent stated the gun is used for protection against int...
From this amendment it is apparent that the founders of our country knew in 1791 that guns did and would continue to play a role in the lives of Americans. Things haven't really changed that much.
This also states that gun violence would be reduced and restrictions have already existed. It also states that the majority of Americans, including gun owners, support new gun restrictions. However, some people affirm that the Second Amendment protects the individual(s) right to own a gun. They state guns are needed for self-defense from the threats ranging from local criminals to foreign invaders (gun-control.procon.org, 2016). Gun ownership deters crime rather than cause more crime.
Should the fact that criminals are committing crimes with the use of guns violate our right to possess guns? The Second Amendment guarantees the right to bear arms, which is part of the bill of rights. With that being said we should take into account that all people who own a gun are not intending to do harm to others. Even if gun control laws happen to get passed, what about the innocent being murdered by gangs or mentally ill people? What if people try to steal possessions while using a gun to scare our American citizens? The cops cannot be there to protect us every second of the day and seconds can be a matter of life and death. Therefore, we should protect the right of free men and likewise punish the criminals who abuse this right of the Second Amendment. This issue completely contradicts the Second Amendment of the citizens of The United States written by our forefathers. Also guns do more good than harm, such as the thrill of hunting game and protecting our family and belongings.
The Second Amendment of the United States protects the right of the people to keep and bear arms. It was adopted on December 15, 1791 along with the rest of the Bill of Rights. The United States Government should not infringe on those rights by the enforcement of gun control against law-abiding citizens. Gun control does not reduce crime, does not stop criminals from obtaining guns, and does not address the real issue of violent crime. There is no evidence that gun control affects the crime rate.