Court Case On The Second Amendment

1036 words - 4 pages

A Case on the Second Amendment to the Constitution: The People v. Zerillo The Second Amendment to the 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." In others words, if one is protecting his or her state, or the owned property that is located in his or her state, then the right to bear an arm is given to the individual.With the Second Amendment being in effect, the states were now responsible for writing their own section of this amendment right in order to ensure that those who had the right to bear arms were exercising their rights responsibly. The state legislatures made numerous laws limiting state citizens' rights to bear firearms. As time went on, these laws began to contradict the constitutional right to bear arms. One of many states guilty of legislating these state laws was the state of Michigan--in a particular case, the case of The People v. Zerillo.On September 25, 1921, on the corner streets of Chase and Russell, in the city of Detroit, Michigan, a man named James Zerillo (alias Joseph Zerillo) was driving his Marmon touring car with four or five men. These men were equipped with shotguns. Zerillo had no shotgun, however he did have a .38-caliber revolver in the pocket of the door of the touring car. When authorities discovered the revolver in Zerillo's car, they charged Zerillo with the use of an illegal firearm. The authorities in Michigan charged Zerillo under the Game Law which states the following: "It is a misdemeanor for an unnaturalized foreign- born resident to hunt for or capture or kill any wild bird or animals, either game or otherwise, of any description, except in defense of his person or property. Such a person shall not own or be possessed of a shotgun or rifle of any make or a pistol or firearms of any kind." Zerillo, although charged with illegal possession of a firearm under the stated Game Law, was not charged with hunting for, capturing, or killing any wild bird or animal, or intending to do so. The question then became, since Zerillo was an alien, did he have the right to possess a firearm in the state of Michigan? Zerillo and his Defense team had a lot of evidence in their favor. They argued that the game law deprives him of the right to possess a revolver, for a legitimate purpose.They also added that the game law is in conflict with the provisions of the Constitution of the state, and therefore void. The Defense used quotes from Michigan's Constitution as well as other states. Michigan's Constitution states that "every person has a right to bear arms for the defense of himself and the state." Also on the Defense team's side was the Colorado State Constitution which states the following: " The right of no person to keep and bear arms in defense of his home, person, and property, or in aid of the civil power when thereto lawfully summoned, shall be called in question; but nothing herein...

Find Another Essay On Court Case On The Second Amendment

Case brief on 5th amendment Essay

580 words - 2 pages Case brief on 5th amendmentFACTS:A federal grand jury in South Dakota is investigating possible criminal violations of the Clean Water Act, at a corporation's wastewater treatment facility. Two former employees have pleaded guilty to a conspiracy to violate the Clean Water Act, and the grand jury investigation includes whether senior corporate officers may be criminally liable as "responsible corporate officer".ISSUE:Does the individual have a

The Second Amendment of the Constitution

503 words - 2 pages The Second Amendment      “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 timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country

The Context Of The Second Amendment

949 words - 4 pages as common as riding a horse. “[T]his right had not been questioned, for it was viewed as a traditional privilege lying outside the Constitution...”(Hook, 30). Having a firearm at that time was so common that they did not even think about having to legalize it. Today, is a different story. With more and more regulations on firearms being passed, the Second Amendment is the only thing groups like the NRA have to hold on to. Both sides need to

The Context of the Second Amendment

1031 words - 4 pages ..."(Hook, 30). Having a firearm at that time was so common that they did not even think about having to legalize it. Today, is a different story. With more and more regulations on firearms being passed, the Second Amendment is the only thing groups like the NRA have to hold on to. Both sides need to sit down and find a solution to this gun-control debate. Or one day this Amendment will be interpreted at face value and fire arms in citizens hands

Court cases dealing with the 14th amendment

3406 words - 14 pages constitutional boundaries. The majority of this case supported the state-imposed racial segregation. The Court based their final decision on the separate but equal doctrine and agreed that the state had separate facilities for blacks and whites, which were equal. Brown stated that the 14th amendment was imposed to provide complete equality of races before the law. In conclusion, segregation does not constitute unlawful prejudice.Powell v

The Second Amendment vs Gun Control

1904 words - 8 pages not help society as intended; just as giving up your constitutional rights no more ensures a safer environment nor does the gun advocate who follows laws promoting progressive gun safety. Gun ownership is about your constitutional right: the 2nd Amendment. Many people may be robbed of their right to bear arms. In Maloney v. Cuomo, the Second Circuit panel held that New York’s ban on in-home possession of Nunchaku violated neither the Second

Attack on the second amendment. Struggle between legal gun owners and capital hill.

761 words - 3 pages that the majority of weapons used in violent crimes are obtained in a illegal manner, such as stealing them or on the black market. Weapons obtained in a legal manner are a much lower percentage in violent crimes involving weapons." (Smith, 1) This proves the common misconception that most legal owners of weapons are going to commit a violent crime. Another argument is the Second amendment is outdated. The amendment was created in a time

Gun control and the second amendment

721 words - 3 pages Spresser PAGE 4 Teresa SpresserInstructor Gordon PetersBUS23023 April 2013Gun Control & The Second AmendmentThe second amendment states "A well regulated militia, being necessary to the security of a free state, the right to the people to keep and bear arms, shall not be infringed." To an average person this means that anyone at anytime should be able to possess a gun without being questioned. However, if you interpret the amendment based

An essay on the Second Amendment to the Constitution, detailing interpretations of the amendment and a personal (pro) stance on the right to bear firearms.

1322 words - 5 pages disagree on the necessity of state militias; the controversy surrounding the Second Amendment stems from the second clause, maintaining the right of "the people" to "keep and bear arms."The first part of the clause mentions "the people." This is a vague term. Exactly who are "the people?" Some believe "the people" are the individual states, and that the second clause is dependent upon and modifies the first. Thus, the people, or the states, may bear

This essay is about the Second Amendment and whether its meaning was for personal gun use or military gun use. It is based on the book "Whose Right to Bear Arms Did the Second Amendment Protect?"

622 words - 2 pages fears of the Anti-federalists and cease their efforts to weaken the power of the new federal government. (12-15)There are many amendments that make up the Bill of Rights. Each amendment protects a specific unalienable right of men. But, none were debated by the Federalists and the Anti-federalists as often as the second. The Second Amendment says, "A well regulated militia, being necessary to the security of a free State, the right of the people

The Use of The Second Amendment In The American Home

2324 words - 9 pages Bicentennial of the United States Constitution, 26). On December 15, 1791, Virginia ratified the Bill of Rights, making it, with the second amendment, part of the constitution (The Commission for the Bicentennial of the United States Constitution, 5).The Constitution does not guarantee gun ownership for just any reason. The second amendment makes it clear that only a well regulated Militia needs arms. 'As recently as 1980 the Supreme Court noted

Similar Essays

The Second Amendment Essay

2319 words - 9 pages the problem? In the article “Reflections on Gun Control by a Second Amendment Advocate” published in Cato Institute website by Robert A. Levy. The author says that banning guns is not the way to fight crime. Levy says that “Ireland, the United Kingdom, and Jamaica. All three of them imposed bans but saw violent crime increase.” Levy is not saying that the banning caused the increase of the crime “but it certainly did not help.” According to Levy

Enforcing The Second Amendment Essay

948 words - 4 pages reasons Americans choose them too. Every bullet counts when multiple criminals gang up on a single person, especially when the police are several minutes away (Pratt 8). These bans do almost nothing to the criminals, except make it easier for them to prey on lawful citizens. The recent Supreme Court rulings D.C. vs. Heller and McDonald vs. Chicago have made gains for Second Amendment rights for all US citizens. However, the jumble of

The Second Amendment Essay

1833 words - 7 pages “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” This quote from Benjamin Franklin illustrates how an emphasis on safety can drastically reduce the freedoms enjoyed by citizens of the United States, especially the Second Amendment of the U.S. Constitution which states that “...the right of the people to keep and bear arms shall not be infringed.” However, with active shooter

Importance Of The Second Amendment Essay

1112 words - 5 pages it it as the second amendment to our Constitution, should be preserved for this generation, and the next. Those first ten amendments, known as the Bill of Rights, are there to protect our freedoms from a tyrannical government, so why now, after all of the wars fought to protect those rights, are we going to surrender those rights? Do we tell the hundreds of thousands of American soldiers who died preserving our freedoms that they gave a good