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The 2nd Amendment Essay

895 words - 4 pages

States tend to pass laws that promote security and safety among the people. Laws that are passed after mass-shootings occur usually have to do with increasing gun control. They can also cause a lot of debate among people questioning the constitutionality of the laws. The argument usually comes down to the second amendment giving citizens the right to bear arms. However, the wording of the amendment causes some people to misinterpret what is actually granted to the people. The anti-2nd amendment laws do not actually violate the amendment itself because it only grants the right to own guns, the laws only place limits on owning guns, and the laws are intend for the safety of the public.
The wording of the second amendment only says that the right to bear arms shall not be infringed; therefore placing restrictions on gun ownership does not violate the second amendment. Many people try to claim that they are guaranteed to always have guns and not have any restrictions as to what they can own, citing the second amendment as proof. This is not the case, as the amendment does not explicitly state restrictions cannot be placed on owning guns; it only takes away the power to ban all gun ownership in the United States. The decision that the second amendment does not protect citizens in all cases was upheld in United States v. Miller, where the court ruled that charging Jack Miller for transporting an unregistered firearm was in fact legal under the second amendment. The decision was made because there was no evidence supporting that a firearm with a barrel less than eighteen inches had any link to preserving a regulated militia (UNITED STATES v. MILLER Et Al.). The precedent set by this case shows how gun control laws can exist without violating the right to own guns written in the second amendment.
The laws that are passed following mass shootings do not take away the rights of citizens to own guns. There is a difference between getting rid of the right to own guns and limiting when they can be used. Limits are allowable under the amendment, which is confirmed by Miller. Post mass-shooting laws are more intent on limiting who can have guns in public and where, rather than trying to take away the right to own them in the first place. After the shooting that took place at Virginia Tech in 2007, the campus implemented a policy that banned students from bringing concealed weapons on campus, even if they have a permit (Newbern). This policy remains constitutional under the second amendment because the policy only prohibits bringing a gun on campus. Had...

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