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Essay/Term paper: The second amendment and the right to bear arms

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❶The Brady Bill would appear in the same category.

Essay, term paper, research paper: Gun Control

Essay title: 2nd Amendment


It was also set up to protect us from other countries. At the time standing armies were hired soldiers and mercenaries who for the most part fought for the money instead of the country. The founding fathers believed that state militias fighting for their country and freedom would be much more effective in battle.

This is how we won the Revolutionary War, by using state militias. The Second Amendment was important to the people then, but now does it really have any meaning? In modern times, we have what the founding fathers feared the most, a national standing army with the President as Commander. We have no State Militias that could give any resistance if President Clinton tried to take military control and ordered troops to enforce tyrannical laws.

Fortunately, this has not happened. The problem is that firearms have been a part of this nation from the beginning. In fact Congress at that time did not even feel it necessary to put an Amendment in the Constitution because having a fire arm was as common as riding a horse. 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 will be a thing of the past, unless of course it is in a state sponsored militia. As time goes on the controversy of the Second Amendment increases. When examined by the actual text, the historical background, and how it applies today, the Second Amendment has little if any relevance for modern society.

Groups like the NRA and ACLU need to work together to find a solution to this gun-control debate so in the end both groups are satisfied with the results.

Context of The Second Amendment. Historical Context Korean Wars: Schoolworkhelper Editorial Team https: If we've helped you, please help us feed and educate a child by uploading your old homework! The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted. The Second Amendment of 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.

Advocates of stricter gun control laws have tended to stress that the amendment"s militia clause guarantees nothing to the individual and that it only protects the states" rights to be able to maintain organized military units. These people argue that the Second Amendment was merely used to place the states" organized military forces beyond the federal government"s power to be able to disarm them.

This would guarantee that the states would always have sufficient force at their command to abolish federal restraints on their rights and to resist by arms if necessary.

The Second Amendment was written shortly after the colonist had gained their freedom from Britain, and the reason for their gaining independence is that they were tired of living under British rule and especially under the leadership of King George the III. These gun control advocates argue that the Second Amendment grew out of the colonists" fear of standing armies and their belief that having militias that were composed of ordinary citizens was the surest way of maintaining their freedom 3.

The opposite side of this debate consists of those who claim that the amendment guarantees some sort of individual right to arms. This view comes from the literal wording of the Second Amendment, which states, "the right of the people to keep and bear Arms, shall not be infringed. These gun advocates feel that if one is to give a rational interpretation of the collective view to the constitution, then one would have to assume that the Framers referred to the individuals in the first, fourth, and ninth amendments; to the states in the second amendment, and then separated the states and the people in the tenth amendment, although they feel that this was inconsistent with the wording of the second amendment 5.

Proponents of strict gun control laws, including Handgun Control Inc. When the occasion occurs that Americans find it necessary to band together to defend their rights, they are constitutionally guaranteed the right to own the firearms they need for that purpose. They advocate restrictions on some types of firearms by citing high numbers of gun-related deaths in the United States.

These proponents argue that by making stricter gun laws this will in turn reduce the number to crimes that are committed with guns and would thus save lives. One of their supporting arguments is that each year in the United States, more than 35, people are killed by guns, which is a death rate that is much higher than any other nation.

Attacks involving a gun are five times more likely to result in a death than in any similar attacks made with a knife. Also, in guns were the weapons used in approximately two-thirds of the murders of the United States 8. However, while gun control laws may decrease criminals access to guns, those same laws restrict law-abiding citizens. Opponents of gun control laws, including organizations such as the National Rifle Association NRA , object to the inconvenience these laws may cause to law-abiding gun buyers or owners and would not prevent the possession of guns by criminals.

The NRA argues that about half of all United Stated families own at least one gun, and that the most frequent motives for owning a gun is to protect the home, hunting or target shooting, and for collecting.

Those who oppose restrictions on gun ownership find support in the language of the Second Amendment and believe that it should be interpreted to guarantee citizens free access to fire arms. The NRA has strenuously lobbied for the passage of state laws allowing citizens to carry concealed weapons.

The Fourteenth Amendment states: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

From Amendment XIV section 1. The Second Amendment has not yet been applied to the states, either directly or through incorporation of the Fourteenth Amendment. In the United States v. Cruickshank the United States Supreme Court in held that the Second Amendment restricts only Congress and the federal government; this was later affirmed by the same court in Presser v Illinois in Thus, the nature of the Second Amendment does not provide a right that is enforced by the Fourteenth Amendment.

The courts view that the Fourteenth Amendment was designed to protect the states against the federal or national government, and not to create a personal right that either the state or federal authorities are bound to respect. Guarantees of individual liberties under federalism have two components: Dependence should be first placed in the state"s Bill of Rights, declaration of rights, because the United States Supreme Court has explicitly acknowledged each state"s "sovereign right to adopt in it own Constitution individual liberties more expansive than those conferred by the Federal Constitution.

The written content of most states bills of rights provides greater protection of the right to arms than does the Second Amendment. Currently the constitutions of forty-three states guarantee a right to arms. Of the seven states that do not have a clear constitutional guarantee to arms, three of those have a right to self-defense and one considers the right to life a built-in right.

The right to self-defense can only be given force and effect if its guarantee includes the right to own arms for defensive purposes 2.

In addition, state courts consider the right to bear arms to be a civil right and consider such a right to protect liberty and property interest. This has allowed plaintiffs to the use of the Federal Civil Rights Act to sue state officials for violating a state created property or liberty interest to keep and bear arms. The NRA"s opposition to the Brady Bill, which is a federal hand gun law that was first proposed in , helped to delay its passage for seven years.

Congress finally passed the bill in and it went into effect in This law provides a five-day waiting period to allow local law enforcement officials to make sure the purchaser is qualified to own a hang gun. The NRA also unsuccessfully opposed a crime bill because it included a ban on the importation of semiautomatic "assault" weapons 8.

Currently the constitutionality of the Brady Bill is going to be decided by the Supreme Court this term. The issue being the constitutionality of federal involvement in basically states issues.

In the U. Supreme Court declared another gun law, one that banned guns within 1, feet of schools, unconstitutional. The States, not Congress, have the authority to enact such criminal laws the Court held. The Brady Bill would appear in the same category. The constitutional issue at stake is the question, do we, or do we not, have the right as individuals to possess firearms.

The courts have never struck down a gun control law because many people feel that the Amendment guarantees citizens free access to fire arms. The courts have interpreted the Second Amendment as applying only to militia weapons. The federal government and all U. These laws are based on several strategies: The most common strategies are based on preventing unreliable people from obtaining guns, such as people who have committed a felony.

Federal and state laws also prohibit minors from purchasing guns. Brady and his wife because proponents of gun control after Brady was shot and seriously wounded during the assassination attempt on President Ronald Reagan 4. As the debate over slavery gradually changed from being constitutional to unconstitutional so will the debate over gun control.

The political culture that once supported slavery changed gradually over time once people saw more and more how unequal it was.

It is inevitable that overtime, the political culture on gun control will also change, it will only take a few instances to help in the defining moment on deciding the danger of having a world without restrictions on guns.

These moments will be seen throughout our nation in the form of examples of gun-related accidents and kids committing "Columbine High School" like acts. Once these things are taken into consideration only then will our "right to bear arms" be clearly defined. Currently public opinion seems to be in favor of having tighter gun restrictions as was shown with the passing of the Brady Bill. Though with this majority being in favor of gun control these acts of legislation are rather slow in forming, due to the NRA and the vagueness of the Second Amendment.


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Argumentative Essay: Gun Control Violates The Second Amendment of the Constitution - Civilian ownership of firearms has for more than two hundred years been the very cornerstone upon which the liberty of the public has been supported.

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Mar 28,  · 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." These are the words of the second amendment in the United States Constitution. The amendments guarantee america citizens the right to bear arms.

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The Controversy of the Second Amendment of the Constitution words ( double-spaced pages) Red (FREE) I. INTRODUCTION: The Second Amendment to the Constitution(Second Amendment) of the United States of America(USA) is one of the most controversial. Essay on The 2nd Amendment The Second Amendment Most people would link violence and crime problems with gun control in America. The debate that Americans face today is the freedom the Second Amendment gives citizens and whether or not the country should repeal it.

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Second Amendment Essay Examples. 74 total results. An Introduction to the Importance of Gun Control in the United States. words. 2 pages. The Influence of the Second Amendment on the American Society. words. 1 page. The Second Amendment and Gun Control in the United States. words. Second Amendment Essay essays"[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." Within the Bill of Rights there are .