Top-Rated Free Essay
Preview

2nd Amendment.

Good Essays
1259 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
2nd Amendment.
Introduction For more than a century, the 2nd Amendment has been at the forefront of political upheaval. Great politicians and lawyers such as, Joseph story, speaking on the preamble of the 2nd amendment, stating that the “true office” of the preamble “is to expound the nature and extent, and application of the powers actually conferred by the constitution, and to substantively create them” § 462 (F.B. Rothman 1991) (1833). What Story meant by this was that the preamble to the constitution only states a general purpose and justifies the exercise of those powers enumerated in the document as a whole. Other more recent opinions have been offered by the likes of Justices Scalia and McReynolds, who firmly hold that the second amendment simply provides the state with the means and right to form and train its own militia.
Issues
The issues surrounding this argument for more than a century is to whether the framers of the 2nd amendment intended for the people to have the” individual right to keep and bear arms” to avoid falling under rule of a tyrannical government, or did they intend those rights to be governed by the states and ultimately controlled by government. U.S. Const. Amend. II
Argument
In 2008, the U.S. Supreme Court held in District of Columbia v. Heller 554 U.S. __, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008)that the Second Amendment prohibits the Federal government from passing laws prohibiting an individual's right to possess a handgun in the home and requiring any firearms in the home to be inoperable during possession. However, the Court held that the Second Amendment right is not unlimited. The Federal government may enact some restrictions on firearms possession, such as: prohibitions on carrying concealed weapons, possession by felons and the mentally ill, possession in schools or government buildings, the conditions and qualifications on the commercial sale of arms, possession of dangerous and unusual weapons (e.g., machine guns), and that this list is not intended to be exhaustive. In 2010, the U.S. Supreme Court held in McDonald v. Chicago 561 U.S._(2010)that the Second Amendment through the Fourteenth Amendment also prohibits States and political subdivisions (e.g., cities) from prohibiting an individual's right to possess a hand gun in the home; but, as in the Heller case, State laws may restrict possession of firearms by felons, etc. Prior to these cases, Congress enacted and Presidents have signed laws regarding the possession of firearms: the National Firearms Act of 1934 and the Gun Control Act of 1968. Under federal law, an American citizen (and certain legal aliens) may possess firearms and ammunition on his person, in his home, in his business, and in his vehicle during intrastate and interstate travel, except:
a. Inside or on federal property, § 930, exceptions exist.
b. Inside an airliner’s cabin, 49 U.S.C. § 46505. c. Before delivering a firearm or ammunition to a common or contract carrier (e.g., bus, airline) for transportation in interstate or foreign commerce to a non-licensee, the person must first notify the carrier in writing that the firearm or ammo is present.
d. In or within 1,000 feet of a school zone, 922 (q), exceptions exist.
e. May not send concealable firearms through the U.S. mail, § 1715, exceptions exist.
The anti-2nd amendment advocates say the Second Amendment refers to a collective body rather than an individual.
This can't hold, because it would require a restrictive reading of the other amendments, such as the First and Fourth. In fact, in 1876 the Supreme Court held in United States v. Cruikshank, 92 U.S. 542 (1876) that a private individual who violated another's right to bear arms did not violate the Federal Civil Rights Act because the Second Amendment does not protect against private interference. They went on to say that the First Amendment doesn't hold against private interference, either. Also, in Presser v. Illinois, 116 U.S. 252 (1886) they held that an armed assembly was not protected, but reaffirmed that individuals were (reaffirmed because a century earlier, in 1780, the Chief Magistrate in London ruled that the right to keep and bear arms individually is guaranteed under Common Law, but collectively it was limited by the principle of forestalling terror and alarm and treason).
Additionally, the Fourth Amendment forbids unreasonable search and seizure. According to the exclusionary evidence rule, evidence obtained through unreasonable means cannot be used as evidence. An appellate court judge has ruled that the Fourth Amendment must be suspended in order to perform mass searches for firearms, or else gun control would be unenforceable.
Also, forced registration of a thing lawfully to be kept in the home is unconstitutional as ruled by the Supreme Court in 1965, when they were asked to decide about registration of communist newspaper readers. And, registration of firearms goes against the constitutional guarantee of presumption of innocence (Fifth Amendment). The Court has ruled that a criminal forced to register a gun has been forced to incriminate himself, so in fact criminals do not have to register their firearms at all!
The Anti-2nd Amendment advocates say we need gun control.
In 1929, the Soviet Union established gun control. From 1929 to 1953, about 20 million dissidents, unable to defend themselves, were rounded up and exterminated.
In 1911, Turkey established gun control. From 1915 to 1917, 1.5 million Armenians, unable to defend themselves, were rounded up and exterminated.
Germany established gun control in 1938 and from 1939 to 1945, 13 million Jews and others who were unable to defend themselves were rounded up and exterminated.
China established gun control in 1935. From 1948 to 1952, 20 million political dissidents, unable to defend themselves, were rounded up and exterminated.

Guatemala established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated.
Uganda established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated.
Cambodia established gun control in 1956. From 1975 to 1977, one million 'educated' people, unable to defend themselves, were rounded up and exterminated.
Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million.
When the government is given the right to regulate, they're also given the right to ban.
Gun control leads to gun confiscation. Gun confiscation leads to extermination. It's that simple.
Conclusion
`When the designers of our nation debated certain inalienable rights, one leading figure eloquently stated the following: “Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace, security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference – they deserve a place of honor with all that’s good.” George Washington.
Those who question the original intent of the Second Amendment and want to place an undue burden on citizens’ rights to bear arms forget that criminals will always have the ability to find weapons that can injure and kill. The Second Amendment has been part of our constitutional fabric for centuries and remains in place to protect the innocent – not the criminals. There is no question that criminals prefer victims who are defenseless and unarmed. Our system of laws should not detrimentally impact the ability of law-abiding citizens to protect themselves.

You May Also Find These Documents Helpful

  • Good Essays

    Second Amendment Essay

    • 833 Words
    • 4 Pages

    One of the most highly debated amendments of the United States Constitution is the Second Amendment. The Second Amendment has been disputed for hundreds of years on exactly of its exact true meaning. The United States Constitution wrote the Second Amendment as “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."…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    District of Columbia did not allow him to have a weapon for self defence without a lock or safe. The case made the supreme court thoroughly review the second amendment to see if it allowed us to keep a weapon our home unregistered for self defence. Although the second amendment does not allow anyone to carry an unregistered weapon. At the same time, Heller did have to compromise some such as Prohibit firearm possession by felons and the mentally ill, Forbid firearm possession in sensitive places such as schools and government buildings, and Impose conditions on the commercial sale of firearms.…

    • 611 Words
    • 3 Pages
    Good Essays
  • Good Essays

    John Kasich Pros And Cons

    • 712 Words
    • 3 Pages

    “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” (source 4). The second amendment is most important because it allows the people to intervene if the government is performing tyranny. If we the people were deprived of this right that means that we would be giving up our freedom to fight against…

    • 712 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In March 2008 the second amendment was reviewed by the U.S. Supreme Court in the District of Columbia et al v. Heller case. The court stated that the second amendment allowed people to own guns. They concluded that the District of Columbia’s ban on guns was unconstitutional. The ban made it a crime to have an unregistered gun. The ban also required lawful guns to be stored unloaded and unassembled or have a trigger lock on it. The second amendment has limits though. These bans violate the second amendment.…

    • 368 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Over the last several years there has been an ongoing debate on how to interpret the Second Amendment and whether or not we should have gun control. With the Second Amendment specifically grants that "the right of the people to keep and bear arms, shall not be infringed." The controversy of it being that in the Second Amendment doesn't specify who "the people" are. This being said it leaves room for the legislative bodies and court to pass laws and interpretations that influence the way this Amendment is applied and enforced.…

    • 750 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The second amendment states that all citizens have the right to bear arms, the first draft of this amendment, from James Madison, Federalist Papers No. 46. James Madison states that; “ A regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger.” .He also states , “Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.” What James Madison is basically saying is that citizens should have the right…

    • 445 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Second Amendment 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 has caused many debates throughout the years due to the different ways in which it could be interpreted. Most federal appeals courts have said that, when read as a whole, this amendment protects only the rights of the militia to bear arms. However, on a decision made on March 8, 2007, the majority focused on the second clause, saying that the amendment protects the rights of individual people to own firearms as well. The decision was made in a federal appeals court in Washington to strike down a gun control law in the District of Columbia that made it impossible for residents to keep handguns in their homes. The court ruled that banning the right to own firearms was a violation of the Second Amendment.…

    • 560 Words
    • 3 Pages
    Good Essays
  • Good Essays

    No other amendments in the United States Constitution has caused as much controversy as the Second Amendment. The amendment states that the people of America are allowed to bare arms and maintain a well regulated militia. This has caused a lot of controversy and issues with gun control in recent years. The Second Amendment should be amended in order to have more rules, regulations, and provide a safer America for people. People in favor of guns suggest that there is a need for guns for all citizens to protect people from the government. However, violence is a large issue today with guns and weapons. The Founding Father’s were building America with a more liberal perspective that envisioned a free society where individuals protected their own property and person with minimal interference from the government. In today’s society America has built a stronger military and police force where people do not need as many weapons in their homes with such high power.…

    • 749 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Second Amendment has been one of the most controversial topics that America faces today. 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" (LII). Under the constitution, you are able to own guns but there has been many restrictions and Acts that control your rights to a minimum. Gun rights reforms are how the Acts and certain limitations are made. These reforms are made to help lower the dangers of these weapons and allow for higher protection. The Second Amendment and Gun Rights should be adapted to today’s society along with certain past events to allow citizens to bear arms publicly. In multiple scenarios, these past event may have been avoided if gun control was open to more eligible citizens.…

    • 881 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    2nd Amendment Advantages

    • 330 Words
    • 2 Pages

    Firstly, The 2nd amendment right to bear arms serves as check against the powers of the central government. The framers of the US Constitution wanted to give the power to the people. The framers of the constitution believed that a well regulated militia was the check against the dangers of the standing arms on US soil. In essence, the 2nd amendment…

    • 330 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Lost Amendment Essay

    • 585 Words
    • 3 Pages

    Another point one of the debaters points out is the language used that plainly states that individuals can have guns. On the other hand some of the debaters say the Second Amendment was referring to only people who had an intention of forming a militia for common self-defense and permitting them to have guns. They argue that the whole purpose was to prevent tyranny and to allow the states to create militias to fight the gov’t with if…

    • 585 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Second Amendment Essay

    • 686 Words
    • 3 Pages

    “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” (law.cornell.edu). These twenty-seven words are the Second Amendment of the Constitution. Where did this amendment come from? How did the founding fathers of the United States come up with this? This paper will show the foundation of where the Second Amendment came from, how it became an amendment, and what happened after the amendment went into effect.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Recently, public debates have been less focused on the safety and wellbeing of our youth and kids. Instead, the debate has been heavily focused on the meaning of the Second Amendment to the U.S. Constitution and the proper use of guns by the adults. The Second Amendment 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…

    • 1206 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The United States is in a controversy of whether or not the Second Amendment is protecting our country or killing it. The United States owns approximately 250 million guns, nearly one for each citizen, and grows about 7 million each year. Experts believe that the Second Amendment in the Constitution is rational and legal, author of, Handgun Prohibition and the Original Meaning of the Second Amendment Don B. Kates states that 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; however, they do not say that you can go around shooting people and claiming that you are protected by the Second Amendment. According to CNN news, the Second Amendment is loosely written, holding loop holes that others seem to find, such as Benjamin Ferguson, who bought a silencer which “falls into the same category of Tiltle II weapons as rockets and machine guns” (Bordeaux).Which provide some serious problems within the people and government of the United States.…

    • 1437 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The Second Amendment

    • 1221 Words
    • 5 Pages

    The Second Amendment and the right to bear arms has always been a part of American culture and history, the right to bear arms is as American as apple pie and westerns, but it has and always will be a hot topic and the wording and meaning of the Second Amendment comes into question frequently. The currently accepted meaning of the Second Amendment is that it gives militias and individuals the right to bear arms, the right to own firearms (“Second Amendment to the United States Constitution”). However even though the right to bear arms is given to every American it can be revoked, many states have sensible laws that restrict where you can take a firearm and who can own them, and many Americans support these restrictions even though they technically…

    • 1221 Words
    • 5 Pages
    Good Essays