right-to-bear-arms

Second Amendment-Right to Bear Arms-Abriana Menin

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Second Amendment – Right to Bear Arms

The second amendment of the Constitution of the United States of America reads as follows: “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.” I will be focusing particularly on the section regarding the right to bear arms, or in other words, the right of individuals to own and carry protective weapons. The bill of rights, which was created in order to ensure the individual rights of people were established in addition to the laws of the constitution, was ratified and added to the constitution on December 15, 1791; barely a decade after the end of the American Revolution. This is significant because the United States had only recently finished fighting in the war, so it is understandable why an amendment would be added to give each individual the right to own firearms and protect themselves in the event that citizens would need to rally together in the future, whether to fight against external forces or even their own government. It is also important to acknowledge that the United States had fought in the war with an under-resourced military composed of ordinary people who had already owned firearms, therefore the people agreed it would be best to maintain that right. Furthermore, the people of the United States believed that the government should not have the right to deprive an individual of their right to bear arms just as seriously as they believed one should not be denied freedom of speech and exercise of religion. 

Although the ideals behind the amendment were unified, the interpretations of the right to bear arms were very divergent once the amendment was ratified. Many of the debates surrounding the right to bear arms all directly relate back to the reality that the United States has evolved significantly since the ratification of the Bill of Rights. Specifically, the United States no longer has militias, and the federal government supplies resources to the federal army, therefore there is no need for civilians to have arms at the ready in case war strikes again. More recently, the Second Amendment has been interpreted as a right to own weapons as a means for self defense; however, there were still some loopholes in the language of the amendment. These loopholes were scrutinized and regulated in the Supreme Court case “District of Columbia v. Heller” (2008). In this case, Heller argued that prohibiting concealed carry, the use of arms by felons and people who are mentally ill, along with prohibiting being armed in places like schools and government buildings, in light of modern-day society, is still lawful despite the phrasing of the second amendment, but still strives to maintain the right for each individual to bear arms for the soul purpose of self-defense. This has caused much controversy since the court ruling agreed with Heller, specifically regarding cases involving concealed-carry and what is considered self-defense. 

Moreover, the right to bear arms is a direct consequence of the founding enlightenment idea of the right to own property, and the establishment of the government as an institution that cannot take away that right, thus enforcing negative liberty. Therefore it was believed that taking away one’s right to bear arms would transitively be infringing what it means to be an American citizen. However, I do not agree that every citizen should be able to own and use arms under any circumstance. If I were to amend this amendment, I would change it to read “the right of the authorized government officials to keep and bear Arms, shall be permitted until said official proves themself untrustworthy.” This way, only people who are appointed by the government to use arms for specific purposes will be able to have access to weapons. However, if they demonstrate any reason to be fearful of the way in which they use those arms, the government has the ability to strip that official of their entitlement.

Sam Shapiro-The Second Amendment

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When the Constitution was ratified, many people believed that armies were a way for governments to oppress their citizens. The Second Amendment, which grants citizens the right to bear arms, served as a counterbalance to this potential threat to liberty. Citizens bearing arms allowed the government to utilize standalone militias consisting of regular people with their own guns as an alternative to a standing army. The right to bear arms also gave citizens a direct ability to resist tyranny.

However, the common interpretation of the Second Amendment, that it all grants citizens the right to bear arms, is subject to debate. Some argue that like the First and Fourth Amendments, the Second Amendment is an individual right granting personal protection and a right to self-defense. In this context, regulations cannot sacrifice one’s individual right to protection, and gun control laws must be extremely limited in nature to be constitutional. The ‘individual right’ argument was supported by the Supreme Court’s 2008 decision in D.C. vs Heller. This ruling overturned previous gun control restrictions in the District. 

Others argue that the Second Amendment supports a more limited right to bear arms. They argue that the first clause of the amendment, “a well regulated Militia,” is a restriction on gun ownership; gun control is therefore broadly permissible. This is further supported by the fact that gun control laws existed when this amendment was enacted. At the time, slaves and loyalists were banned from gun ownership, and laws specified which guns were allowed for militias to use. Some of these laws were intended for public safety. As a result, this side believes that gun ownership today, and the Second Amendment more broadly, must be placed in the context of public safety concerns.

Today, the Second Amendment has proven to be problematic because our society is very different from the founding fathers’ era. The Constitution was ratified at a time when people were concerned about government tyranny. The Second Amendment, by enabling citizen militias, partially addressed that concern. Today, government tyranny is much less of a fear as it was, and even if it is a concern, individuals owning guns are powerless against the US Military. So, the reasons behind the Second Amendment no longer exist, but Americans still have the right to bear arms. This right, combined with the availability of advanced weaponry, has led to an epidemic of mass shootings and gun violence in our society. Change is needed.

The Second Amendment should be amended to make it clear that gun control is lawful and that gun ownership is not an individual right. This change can be coupled with laws that restore public safety with respect to guns. Examples could include a ban on semi-automatic weapons and requiring education, training, and background checks before gun ownership. By restoring balance to the Second Amendment, we can have a safer society while maintaining personal liberties. One hopes our current political environment will evolve to make this future possible. 



2nd Amendment

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The second amendment was written because of a mix of fear of a British invasion and basic mistrust of professional soldiers. With this fear the government decided to add an amendment to the constitution to allow for states to have a militia that allowed them to protect against foreign and domestic enemies without the government being able to stop them.

This was of course before the US had a real military though we do still have something similar to the state militias in the national guard. When it comes to interpreting things into something completely different than the original meaning nothing out does the second amendment the original text reads, “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.” Of course the common interpretation is very different and seems to commonly be everyone in America has the right to own and operate guns without restriction. Because of this so many different opinions and meanings have been debated but to simplify them all i’m going to make three sections: red, purple and blue, the red and blue of course pointing to the extremes not everyone’s views.

The red opinion is that everybody should have guns and that gun regulation will not work whatsoever and is an ineffective solution that we should not try to implement. The purple is more of a middle ground opinion basically saying that we should still allow people to own guns but impose strict regulation to purchase and usage like mental illness, age and criminal record.

And finally the blue this opinion is basically that we should ban all guns as allowing for people to own them is inherently dangerous. Of course the debates made by legal scholars are mainly centered around if the Second Amendment had focused on whether it protects a private right of individuals to keep and bear arms, or a right that can be exercised only through militia organizations like the National Guard, this can be seen in the case District of Columbia v. Heller (2008).

This can of course be connected to the American revolution as the point of the amendment was to allow states to protect themselves. I find the purple opinion the most persuasive as it is a good middle ground that has the highest probability of being agreed upon because though it is not a perfect solution it is one that everyone can agree on. And when it comes to changing the amendment well, I would re-word the entire amendment to be much more specific in the case of gun regulations: specify how they are different for active members of the military and specify the restrictions age and other that are required for owning each separate type of gun.

Molly – The Second Amendment

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The Bill of Rights was created following the American Revolution and the creation of the Constitution. The Second Amendment was crucial because the Founding Fathers wanted to legally give Americans the right to protect themselves and their security through the use of firearms and weapons. The amendment is responding to the desire for protection amongst the American people against unlawful violence. Most people understand the Second Amendment as being the individual right to bear arms. There is some divergence between who this right belongs to as some believe it is the right of the people while others believe it is the right of militia organizations. 

 

As for matters of debate about the Second Amendment, some believe that there is room for flexibility due to the evolution of weaponry. These legal scholars believe that, as the world evolves, gun control is increasingly necessary to provide order in society. Scholars that believe there should be regulations make the point that gun control isn’t exactly a new concept because, during the Founding Era, there were laws that regulated weaponry.  These laws banned untrustworthy people from possessing guns and required people to have guns that were appropriate for military service. Ultimately, the Second Amendment is about ensuring public safety. Others, however, believe that this amendment should be followed rigidly. They maintain the belief that the right to bear arms shouldn’t be restricted. The Second Amendment is like the First Amendment in that it is an inalienable right that everyone has. Gun control laws, while they aim to save lives and prevent crime, ultimately infringe on the individual freedom that all American citizens have. District of Columbia v. Heller demonstrates is just one example of the issues that come about with this debate. This case is illustrative because it shows how gun control may be violating the Second Amendment. Heller, a D.C. special police officer, was allowed to have a firearm when on duty but he wasn’t allowed to get a license for a handgun to keep at home. He argues that needing a license for a personal firearm infringes on his Second Amendment rights as an American citizen. 

 

This provision connects to the theme of individual rights that come up very often during the course of history. I think the most persuasive matter of debate is the argument that advocates for gun control because of the danger that is posed to so many people without gun control. With the increase of gun violence in America, better gun control laws are incredibly necessary and strictly abiding by the Constitution as time and technology evolve just isn’t viable.  This amendment is already such a major topic of discourse in America, especially today with the rise of gun violence. I would say to advocate for your beliefs on this amendment, go to protests and, most importantly, educate yourself on the topic. I would suggest this adaptation because it is incredibly important to form your own opinion based on unbiased information and to support it.