Second Amendment Cons

Improved Essays
Dick Heller, a D.C. police officer, was permitted to carry a weapon while he was on duty, yet he was denied a one-year license to ownership of a concealed handgun in his own home. Shortly after this disapproval, he sued the District of Columbia. The Second Amendment states that U.S. citizens have the right to keep firearms in the home for the purpose of self-defense, yet the District of Columbia’s requires that firearms which are kept in the home must be nonfunctional. This requirement contradicted those rights. On June 26th, 2008, the Supreme Court ruled a 5-4 decision which stated that a ban on registering handguns and establishing requirements to keep guns in the home disassembled or nonfunctional did indeed violate the Second Amendment. On the controversial side, Justice John Paul Stevens asserted that the Second Amendment does not create an unlimited right to possess guns for self-defense. Rather, the Amendment protects the right to keep and bear arms for certain military purposes but does not take away the legislature’s power to regulate nonmilitary ownership of weapons. He also argued that the Amendment states its purpose specifically in relation to state militias and does not address the right to use …show more content…
Robert's opinion for the Heller Court was applauded by conservatives, yet it was widely criticized by liberals. Conservatives encourage the retainment of traditional social institutions, and they seek to preserve things as they are, emphasizing stability and continuity in our country. In his book, Toobin explains, "When I examined Judge Roberts's record and history of public service, it is my personal estimation that he has far more often used his formidable skills on behalf of the strong in opposition to the weak." (Chapter 2, 36). In relation to citizens using guns as self-defense, Roberts agrees that individuals are permitted that right , and the 2nd Amendment correlates with

Related Documents

  • Decent Essays

    In this picture I am exercising the right to carry a weapon. Case: District of Columbia v. Heller(2008) In this case the District of columbia was fighting against Heller to ban individuals who aren't part of the military to posses a firearm at home even if the weapon is registered. Heller who was a special police man applied to register a firearm he wanted to keep at home but the District of Columbia refused. Heller disagreed with the government so he filed this suit and it went to the supreme court, this was a very close case.…

    • 210 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The court case, “District of Columbia vs. Heller” was a lawsuit filed against the District of Columbia for supposedly, infringing upon the rights protected by the second amendment. The suit was filed by Dick Heller, a police officer in Washington, DC. In an attempt to lower the crime rates, DC placed a ban on all handguns. The chief of police was allowed to give licenses to own handguns for a year, but denied most applicants. After heller and several others were denied, they brought the issue up to the local district court, which ruled in favor of the ban.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The defendant in the case that was with Heller, whose last name is Stevens, stated his opinion on the matter. Stevens stated that, “The Second Amendment was adopted to protect the right of the people to maintain a well-regulated militia. It was a response to the concern that the power of congress to disarm the state militias and create a national standing army posed an intolerable threat to state sovereignty (Lawnix, par. 15).” Neither in the manuscript of the Second Amendment or in the quarrels in the advocate’s evidence, was there even the least interest of the Framers in limiting of the legislature’s power of controlling the uses of firearms used by the private citizen. Stevens also said, “There is no indication that the Framers intended…

    • 203 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In 2008, after the Court had decided Heller and said that the Second Amendment includes an individual right to keep and bear arms, Otis McDonald and other Chicago residents sued the city for violating the Constitution. They claimed that Chicago’s handgun regulations violate their 14th Amendment rights. Specifically, the residents argue that the 14th Amendment makes the Second Amendment right “to keep and bear Arms” applicable to state and local governments. The federal district court ruled for Chicago and McDonald appealed. The Seventh Circuit Court of Appeals decided for Chicago, as well.…

    • 586 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The report by BBC shows that guns in the wrong hands are responsible for the deaths in the country. This means that in the event that a person needs to own a gun, he or she must undergo a thorough vetting. Stevens’ emphasis on precedence provides an opportunity to reflect on the consequences of past decisions. As much as the interpretation of the Second Amendment may rely on current facts, the past serves as guidance. This guidance should always reflect the desire of the people and their welfare.…

    • 1417 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The First Amendment provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. U.S. Const. amend. I. Exemptions may be altered or repealed except those exempting real or personal property used exclusively for religious, educational or charitable purposes as defined by law and owned by any corporation or association organized exclusively for one or more of such purposes and not operating for profit. N.Y. Const.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    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”. This amendment was instituted to the Constitution on December 15, 1791 and means that any person in our country has the right to own and bear arms at any point and that the right may not be taken from you. Although James Madison did not invent the right to bear arms he did in fact wright the second amendment. The framers of this amendment decided it was important to be able to bear arms because of the success they found of having guns in the previous war [the English men also just enjoyed the use of arms]. Although this is still an amendment today it still has gone through a lot of debate.…

    • 781 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Bear Arms Dbq

    • 703 Words
    • 3 Pages

    The Bill of Rights protects the rights of citizens. If any one of them were to be taken away or denied to a citizen, it would be unconstitutional. The constitution states that the people shall be able to overthrow a tyrannical government, and the second amendment allows the people to defend themselves against it. In Washington D.C., regulation such as unregistered handguns are banned all throughout, and “must be kept unloaded, dissembled, or bound by a trigger lock unless they are being used for lawful recreational activities or lactide in a place of business (Doc. 4 Facts Doc).” Heller, a police officer, requested to register a firearm within his home for self-defense, the court dismissed his case.…

    • 703 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    How do I feel about The Second Amendment? I feel that there is a negative and positive side to second amendment. The positive side is that you are giving anyone without a criminal record the right to have a gun anywhere they are allowed, so they can help in a harmful situation. They also have the ability to protect themselves. The negative side is having a firearm close or nearby small children.…

    • 148 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Second Amendment The second amendment in the constitution can be defined as, “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” (Cornell University). Most Americans believe this to be a right to own firearms privately for self-defense. There are many who debate that it is only the federal government who has the right to arm its military and that private gun ownership should be banned; however, I do not agree with this argument.…

    • 608 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Heller. In this case, the problem was that after the District of Columbia passed legislation including the registration of handguns, requiring licenses for pistols, and stating that all legal firearms must be kept unloaded and the trigger locked, a group people said that it took away their Second Amendment right. The people that disagreed with them were private gun owners. The federal trial court said that the Second Amendment only applied to militias and not private gun owners. I think that everyone should be allowed to have firearms because they are good for…

    • 691 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The second amendment was great because it gave the people a free to carry a gun on them. Most people who carry a gun on then are usually have it for protections, some people get guns for bad reasons. There has to be some gun laws but for adults to carry guns it's a good law that lets them. Criminals should not be allowed to carry guns which they aren't which is good it's smart, and kids under the age of 18 should not be allowed to own guns. There has been people's lives been saved by people who carry guns that's why it is so important and a good amendment and especially in the world we live in today.…

    • 406 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Second Amendment Debate

    • 587 Words
    • 3 Pages

    Now lets set up a situation that has occurred time after time. A homeowner is asleep and wakes up to the sound of breaking glass and heavy footsteps. The homeowner immediately leaps out of bed and grabs their firearm, which lies nearby. Once the homeowner realizes their house is being intruded they spot the suspect and fire their weapon, killing the burglar and saving their family, as well as their property. This situation worked out in the homeowners favor because of the Second Amendment to the constitution.…

    • 587 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Federalism and Gun Control Gun control in the United States has been a controversial topic for a number of years. The different ways in which one can interpret the constitution plays a big role in the controversy between whether certain gun control laws violate your civil liberties as citizens of the United States. There have been numerous court cases dealing with gun control, with some of the major including: District of Columbia Vs. Heller, McDonald Vs. Chicago, and Peruta Vs.…

    • 942 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    It is very clear and stated soundly, that the right to bear arms by the people shall not be infringed upon. Therefore, this paper establishes that gun ownership is indeed an inherent right. The application of gun control measures by the courts, therefore, should be based not only on the first clause of the text of the Second Amendment, but on both clauses, which are separately interpreted. Therefore the decision by certain courts to determine that civilians vacate the right to own guns independent of the state is unfounded and…

    • 996 Words
    • 4 Pages
    Improved Essays