Preview

America's Second Amendment

Good Essays
Open Document
Open Document
1132 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
America's Second Amendment
America’s Second Amendment
The text of the Second Amendment of America’s constitution is as followed “A well-regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (U.S. Const. amend. II). This small portion of text has been widely debated and analyzed over the years to determine exactly what it entails in order to discover what rights it actually grants United States citizens, if any. Over the course of our nations brief existence we, as a people, have had the pleasure of practicing our right of self-preservation through the tools that have been bestowed upon us via the Second Amendment. However, some individuals have grown comfortable in an existence where
…show more content…
The debate surrounding this amendment has been to determine if the first portion of this sentence “A well-regulated Militia, being necessary to the security of a free state”, is a restrictive or subordinate clause in regards to the continuation of the sentence being “The right of the people to keep and bear Arms, shall not be infringed”. In order to better analysis the true element of this amendment it is best for one to relieve themselves of their personnel opinions regarding the Second Amendment, gun control, or any other political subject which may bare weight upon the individual’s analysis of the subject. In regards to the argument that the Second Amendment solely grants the right to keep and bear arms to a well-regulated militia is somewhat deplorable; since the sentence does not truly restrict the right, nor does it affirm or imply possession to any particular group. This sentence truly only exists to make a positive declaration of respect to a right for the people. The second portion of this sentence “The right of the people to keep and bear arms” does not truly grant the right to the people, however, its existence is more assumed as preexisting; the substance of this sentence is that these rights shall be …show more content…
Heller the court exams the District of Columbia’s stringent firearm laws regarding handguns and the respondent’s argument of such strict firearm regulations violating citizen’s constitutional rights. The law within the District of Columbia prevents the possession of handguns by making it illegal to carry unregistered firearms and prohibit the registration of handguns making it impossible for law abiding citizens to legally carry a handgun in any manner. The laws of Washington D. C. are considered the strictest within our country, however, they do authorize the police chief to issue or deny 1-year licenses. The district of Columbia also necessitates that residents who lawfully possess firearms to keep them stored dissembled in a manner that they could not be rendered operable nor easily accessible for self-defense. Respondent Heller whom is a D. C. special policeman applied to register a handgun that he desired to keep at home, however, the District refused. Heller filed a suit seeking, on the grounds of the Second Amendment to admonish the District of Columbia to cease the city from enforcing its bar on handgun registration, due to its unconstitutional nature. As most would expect the District Court dismissed the suit, however, the D. C. Circuit reversed holding “That the Second Amendment protects an individual’s right to possess firearms and that the city’s total ban on handguns, as well as its

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

    Along with this the gun needed to be broke down, have a trigger lock, the ammo needed to be store in one room, while the firearm was stored in another room. DC said this needed to be done with the intent of not to use the firearm even in self defense. This violated the second amendment. Heller did not violate the second amendment rights in this case at all. The second amendment states we have the right to bare arms. The only time we are not allowed to carry a firearm on us is if we are a felon, on government or school properties, or selling firearms illegally. Heller was not doing any of these things. He simply wanted to protect himself and his family just like I would if I were him. He was also an officer, so for his job duties he needed a handgun on him at all times for…

    • 1356 Words
    • 6 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
  • Better Essays

    Today, especially after the Connecticut shooting, there is an argument over the right to bear arms. One portion of the argument focuses on whether or not people even have this right. As stated by Michael Sommers, the second amendment reads: “A well-regulated militia, being necessary for the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” (Sommers 42) When the second amendment was written and passed, there was no professional army, only a civilian…

    • 1127 Words
    • 5 Pages
    Better 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
  • Better Essays

    A long-standing right to citizens of the United States is dwindling at the hands of government officials. The right to bear arms, protected by the 2nd amendment has been up for debate nationwide for over a decade. Fearing that the right to private gun ownership will soon be diminished, the topic has gained the attention of people nationwide. Theories surrounding gun control figure that without firearms in citizen possession murder rates and gun related violence should heavily decrease. This does not prove to be the case. With two strong opposing sides, the debate remains unresolved.…

    • 1700 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The Second Amendment in the Bill of Rights states that the citizens of the United States have the right to bear arms, or keep weapons. This means that our forefathers made sure that legally we would be able to have the right to protect ourselves. According to the National Rifle Association’s Institute for Legislative Action, “Self-defense is a fundamental right.” (Pros). Almost half of Americans agree with this statement, and 67 percent of people who own guns claim that…

    • 720 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    2nd Amendment Rights APA

    • 3553 Words
    • 10 Pages

    The Second Amendment of the U.S. Constitution 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. The exact wording of the amendment has been changed twice before the U.S. Senate finally approved it in its present form.…

    • 3553 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Nra Gun Reform

    • 3265 Words
    • 14 Pages

    Our Second Amendment in the Bill of Rights had created a virtual war over guns and gun ownership in the United States for more than two centuries. It reads The Second Amendment provides: "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 is the only amendment written with a purported purpose. The only one with a preamble or perhaps an observation that; a well-regulated militia is a necessity for the security of a free state, and an objective or a legality that: the right…

    • 3265 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    The second amendment, the right to bear arms, was adopted on December 15, 1791. In that day in age, guns were not as powerful as they have become, and many who created the Bill of Rights could not have predicted the future. If the constitution, or Bill of Rights, had been written with the knowledge of today’s weapons the Second Amendment would be different. Now in the 21st century there have been many cases where the Second Amendment has been brought into question. These cases have brought questions that deal with the amendment having been written for civilians, but also the worry of the advancements that have been made in weaponry since the time the Second Amendment was written.…

    • 1018 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Campus Carry Laws Essay

    • 604 Words
    • 3 Pages

    In the United States of America, most Americans would argue that the Second Amendment is one of the most important rights guaranteed by the Bill of Rights until gun violence intentionally or unintentionally impacts their household. Unfortunately, most Americans have limited knowledge regarding the foundation of the Second Amendment and the guaranteed right to bear arms; therefore, every incident that Americans encounter is fair game. The premise is quite simple, “to protect citizens from the government” in the event the government attempt to “exert power beyond the powers enumerated in the Constitution” resulting in an infringement on the civil rights of its citizens. Nevertheless, the true meaning behind this indelible right no longer exists…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    2nd Amendment Arguments

    • 1266 Words
    • 6 Pages

    A topic for debate is, whether the 2nd Amendment protects individual rights to own a firearm. For the past century, political scientist and private citizens have compelling arguments about the exact meaning of the 2nd Amendment. For example, citizens that want to protect the individual’s right to possess a firearm concentration on the “right to bear arms” portion. While those concerned with communal responsibilities put emphasis on the “well-regulated militia” phrase to further implement restrictive gun laws. Although, both sides have a numerous amount of countless reasons for why they believe the 2nd Amendment exist, there is always a better argument. So, after reviewing what each side says, a final verdict will discuss about which article…

    • 1266 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The Right to Bear Arms

    • 973 Words
    • 4 Pages

    The second Amendment guarantees the right to conceal handguns under the United States. In the 2008 case, District of Colombia v. Heller, the Supreme Court ruled that the inherent right of self-defense has been central to the Second Amendment right,” and that the second Amendment protects “the individual right to possess and carry weapons in case of confrontation”. 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." According to a 1997study of National Crime Victimization Survey data, "robbery and assault victims who used a gun to resist were less likely to be attacked or to suffer an injury than those who used any other methods of self-protection or those who did not resist at all. Even if an adult never needs to draw a concealed handgun for self-defense, I may feel safer being armed and feel freer to go outside at night or in dangerous areas.…

    • 973 Words
    • 4 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
  • Good Essays

    The 2nd amendment was predicated upon the maintenance of state militias—something that has become irrelevant in the face of our federal armed services—and is not something that should have allowed individuals to claim the right to own weapons. State militias had the right to bear arms, but individual, unattached Americans had no such right—this distinction in the difference between the 2ndAmendment being a collective right or an individual right.…

    • 418 Words
    • 2 Pages
    Good Essays