This website uses cookies to ensure you have the best experience. Learn more

Gun Ownership And The Second Amendment Of The Constitution

1622 words - 6 pages

Gun Ownership and the Second Amendment

Over the centuries, the Supreme Court has always ruled that the 2nd Amendment protects the states' militia's rights to bear arms, and that this protection does not extend to individuals. In fact, legal scholars consider the issue "settled law." For this reason, the gun lobby does not fight for its perceived constitutional right to keep and bear arms before the Supreme Court, but in Congress. Interestingly, even interpreting an individual right in the 2nd Amendment presents the gun lobby with some thorny problems, like the right to keep and bear nuclear weapons.

 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."

Pro-gun advocates claim that this amendment guarantees their individual right to own a gun, and that gun control laws are therefore a violation of their constitutional rights. In fact, the term "violation of our Second Amendment rights" has become a battle cry in gun lobbyist literature, repeated everywhere in their editorials and essays.

However, this raises a fascinating observation. If gun control laws are so obviously a violation of the Second Amendment, then why doesn't the National Rifle Association challenge them on constitutional grounds before the Supreme Court? The answer is that they know they face certain defeat, for reasons we shall explore below. Consequently, the NRA has abandoned all hope in the courts.

Instead, the NRA has chosen to lobby Congress to prevent gun control legislation, and has become in fact one of the most powerful lobbies on Capital Hill. This is a supreme and exquisite irony, given the conservative and libertarian's love of constitutions and hatred of democracy. But, at any rate, the NRA is fighting for its perceived constitutional rights on Capital Hill, by bribing our legislators with millions of dollars in campaign contributions.

The reason is because the Supreme Court -- this nation's final arbiter on the interpretation of the Constitution -- has always ruled that the Second Amendment does not extend the right to keep and bear arms to individuals, but to the well-regulated militias mentioned in the first part of the amendment. Specifically, these are militias that are regulated by the federal and state governments. Article I, Section 8 authorizes Congress:

"To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of officers, and the authority of training the militia according to the discipline prescribed by Congress."

The Founders were passionately opposed to standing peacetime armies -- in fact, Thomas Jefferson listed it as one of...

Find Another Essay On Gun Ownership and the Second Amendment of the Constitution

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

The Endless Debate over Gun Control and the Second Amendment

883 words - 4 pages laws that effectively regulate the ownership and the use of firearms. Ratified by three-fourths of the states, the Second Amendment was adopted, along with the other nine amendments in the Bill of Rights, in 1791. It protects the individuals’ rights to keep and bear arms. However, its meaning is still considered to be ambiguous until the present day because of the ongoing debate about whether the Second Amendment is a collective right, in which

Second Amendment to the United States Constitution

1143 words - 5 pages One of the principle things is that personal self-defense is the primary purpose of the Second Amendment. It Is very easy to say that guns make people crazy and also if one person has a gun it will provoke the person to kill people. But in fact many people believe that “guns don’t kill people, people kill people.”(Wayne LaPierre, 2012) Saying this, I want introduce The Second Amendment to the United States Constitution which protects the right

The Second Amendment vs Gun Control

1904 words - 8 pages gun, but others believe that we should not have that right. The American constitution quotes, “The Glucksberg test recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. Indeed, the Second Amendment is largely unnecessary for applying this right to the states through the Privileges or Immunities Clause. What the Privileges or Immunities Clause accomplishes is not

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 Gun Control* The AmendmentThe Second Amendment to the Constitution in the Bill of Rights 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."The first part, pertaining to militias, is widely accepted by Americans of all political persuasion. It preserves the right of each individual state to form its own "militia," the National Guard. Few

Gun Control: Is It Really in the Second Amendment

952 words - 4 pages The Second Amendment 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 way the Supreme Court interprets this amendment changes constantly because not even the Supreme Court fully understands the limits and rights given to citizens. Some argue that this amendment protects our right to own a gun, but is not very clear. Over the years

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

761 words - 3 pages amendment extends further then just owning and keeping a weapon, it extends to our freedoms of living. With three new bills, NS-1982, Crowlen suit, and NYS-442, being reviewed by high level courts, a major turning point is being created for all legal gun owners alike. Our rights shall be preserved, under god, indivisible, with liberty, and justice for all.Works citiedCadson, Michael "NAACP SUIT SUMMARY" Current Suits against the second

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

Importance of the Second Amendment

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

Amending the Second Amendment

1305 words - 6 pages prohibiting handgun ownership were constitutional and he argued that having an unloaded trigger-locked gun in the home would not allow it to be a functional weapon of self-defense. The Federal Court ruled that the Second Amendment applies only to militias and not private gun ownership. The U.S. Supreme Court agreed to hear the case on November 20, 2008. The court heard the defendant’s arguments in an attempt to overturn the District of Columbia's firearms ban.

The Context Of The Second Amendment

949 words - 4 pages The Context of The Second Amendment      The interpretation of the Second Amendment to the Constitution of the United States of America has been a topic of controversy since its acceptance over two-hundred years ago. This controversy stems from the fact that the amendment was written for reasons for the most part that do not have any relevance today. One side argues the amendment void, and the other takes it out of historical context

Similar Essays

Gun Ownership And The Second Amendment

1403 words - 6 pages Gun ownership and the Second Amendment have come under fire in recent years in the wake of major tragedies such as the Newtown, Aurora and Tucson shootings, amongst other major shootings. Although gun control is not a recent idea, it has grown attention and is argued by more liberal leaning individuals, who tend to believe more in gun control, that guns should be strictly regulated or completely outlawed, while more conservative leaning

The Second Amendment Of The Constitution

503 words - 2 pages this significant phrase into a controversial spotlight. Many Americans question the importance and legitimacy of the Second Amendment, claiming that it is outdated and invalid. An increasing number of people feel that the Second Amendment should be fully eradicated from the Constitution, and new restrictions outlining firearm ownership should be implemented. Furthermore, in addition to questioning the validity of the phrase, many people question the

The Second Amendment And Gun Control

2443 words - 10 pages Gun Control According to the Second Amendment of the United States Constitution, "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." Gun control is unfair to the ordinary citizen since it limits their ability to protect themselves. According to the Wikipedia, gun control, as any law, is meant to provide the guidance that in terms of handling all

Gun Control: Should The Second Amendment Of The Constitution Be Updated?

1172 words - 5 pages and the concealed weapons course needed for the permit to conceal a weapon. Like many NRA members Richard does not want to see any bans on any firearm. He believes the Second Amendment gives every American the right to own a gun.      Richard walks the streets of Tucson carrying a concealed weapon. I asked Richard if he feels there could be some changes to gun laws to keep firearms out of the hands of criminals. Richard