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Legislative, Judicial, and Regulatory Effects on the

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Legislative, Judicial, and Regulatory Effects on the
Legislative, Judicial, and Regulatory Effects on the Second Amendment and an Armed Citizenry Hugh S. Bonnar Embry-Riddle Aeronautical University MGMT 533 – Federal Regulations, Ethics, and The Legal System

Regulatory Effects - 1

Abstract
The debate over the meaning of the Second Amendment and how restrictive gun control can be has been raging for at least the last 15-20 years, and has been waged effectively by the National Rifle Association and its politically active membership. The pro-gun lobby has sought to ease controls with the belief that it is an individual right to own a weapon and provide for self-defense. The anti-gun lobby has waged a campaign to have restrictive gun control as the norm in the country with the belief that gun ownership is not an individual right, and has fought to have incremental laws passed that gradually chip away at the ability to own a gun. The weapons used to fight this campaign have been statutory, judicial, and administrative.

Regulatory Effects - 2

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” (Bill of Rights, 1791). Within the Bill of Rights, the term “people” is construed to mean the individual. The term “militia” within the Second Amendment refers to a sub-category of the “people;” those who were male, able bodied, and within a certain age range (United States v. Miller, 1939).

In 1994, there were over 230 million guns in private hands in the United States, with over 80 million of them being handguns (Kleck, 1997, p. 8). Efforts to ban guns would result in the seizure of guns from a large percentage of law-abiding citizens. The political consequences

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