Right to Bear arms

Topics: Firearm, Gun politics in the United States, Supreme Court of the United States Pages: 4 (1301 words) Published: October 21, 2013

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. Every person has a different view on the Second Amendment. Is it a legitimate right or has it already fulfilled its purpose? I believe in the right as it has been established, however it needs provisions.

A rising conflict in the United States is the right to bear arms. You’re either pro-Second Amendment or anti-Second Amendment. The meaning of the Second Amendment depends on who you speak with. The advocates of gun control would state that the amendment only gave states the right to operate militias. A famous case, U.S vs. Miller, in 1939 left two interpretations of the Second Amendment. The first interpretation was the amendment is an individual right, however that right only extends to weapons frequently used in militias. The second interpretation was that the amendment guaranteed no rights to individuals, only to militias. As soon as it was clear that the defendants were not members of a state militia, they lost the case.

Coupled with U.S vs. Miller, was the District of Columbia vs. Heller. The U.S Supreme court struck down a Washington, D.C ban on individuals having hand guns in their residents. Justice Scalia saw the right to bear arms as an individual right consistent with the overriding purpose of the Second Amendment, to maintain strong state militias. Even though the court did not publish a standard of review, that would be capable of being used in future challenges to gun relations, the court mentioned that its decision should not “cast doubt” on laws restricting gun owner ship of felons or the mentally ill.

In essence of the courts statement, there are many limitations and challenges on gun ownership of felons and the mentally ill. For instance, 46 out of 50 states prohibit possession of a firearm by the mentally ill. For example, in North Carolina, “no person may...

Cited: “A Right to Bear Arms?” Exploring Constitutional Conflicts. University of Kansas- Missouri Law, n.d. Web. October 6, 2012.
“Should individuals have a right to bear arms?” Politics Opinions. Debate, n.d. Web. October 6, 2012.
< http://www.debate.org/opinions/should-individuals-have-a-right-to-bear-arms>
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