Pros And Cons Of The Second Amendment

Improved Essays
The 2nd Amendment was put into act on December 15, 1791. When we study the 2nd Amendment there are two arguments relating to this Amendment. The first one is the individual’s rights and that this Amendment adopted to preserve individual rights and to keep and bear arms. Secondly it adopted the rights to preserve the states militia and or military. Our states’ rights to regulate fire arms have basically been nearly absolute due to case law. The 2nd Amendment has been interpreted to keep the federal government from regulating states, but the Federal Government has passed legislation based on its broad authority over the interstate commerce.
In 2011 Governor Jerry Brown passed a new Assembly Bill Called AB 144, assuming this would outlaw people from carrying an open handgun. Now going into further detail of this bill it would
…show more content…
There are little remnants left of the carrying a weapon, but now notably there is a way to still be able to have the weapon on you and that is to obtain a carrying a concealed weapon permit. People may still carry a gun and may have it loaded only if they feel they are in a threatening position or immediate danger. Therefore, there will be many drawbacks related to each and every bill that is passed based on gun laws and the right to bear arms.
This case would bring up the topic of what is exactly being protected under this amendment to begin with. Justice Scalia had stated that the Second Amendment would protect and individual and the person’s right to have a firearm and that to be able to have it for law purposes for example being able to protect yourself in your own home. Another example involving gun safety is the Brady act which was enacted in 1993. This act made it mandatory to have a five day waiting period to be able to purchase a gun. Certain states can even enforce a longer waiting period to be able to purchase a gun as

Related Documents

  • Improved Essays

    The Second Amendment- The second amendment has been at times the cornerstone of political controversies or arguments throughout the decades due to what many would construe as an open ended interpretation by the founding fathers on the right of an American to own a firearm. The first and in many cases major line of ‘defense’ (no pun intended) for gun advocates, stating the original ideology of the founding fathers and those who founded this nation was a nation based on the freedom to bear arms for ones self interests. The 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” , and many feel as though the key words are ‘shall not be…

    • 507 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bear Arms Dbq

    • 703 Words
    • 3 Pages

    Due to the human nature of self-defense, sport, and surviving, the second amendment will always remain relevant in society. Although there are many regulations as to who can own a gun, where they are allowed, and requiring a permit to carry and concealed weapon, the second amendment still protects and grants the right of the militia and citizens to “keep and bear arms”. In order to ensure that the government couldn’t take away the citizens firearms, the founding fathers preserved their right to self-defense with the ratification of the second amendment on December 15, 1791. In today's society, Americans are still trying to defend their right to bear arms.…

    • 703 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Ratified in December 1791, the second amendment provides U.S. citizens the right to bear arms. The second amendment gives every citizen the right to own a gun free of federal regulations, to protect themselves in the face of danger. In the article The Second Amendment & the Right to Bear Arms” by Chad Brooks, James Madison proposed “A well-regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms, shall not be infringed.” The amendment militia clause was never meant to restrict each citizen’s rights to bear arms. This amendment is based on our god given right, as well as the founders believed that the greatest protection we have to ensure our liberty is an armed citizenry.…

    • 235 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The Second Amendment of the Bill of Rights states clearly that the people’s right to keep and bear arms shall not be infringed on. This has led to one of the most complicated and volatile issues in America today. People on both sides of this issue have strong beliefs. Some argue that when our founding fathers wrote the bill of rights, the guns were not as deadly as the ones available today. Supporters of the Second Amendment today argue that people’s right should not be infringed on no matter what.…

    • 1041 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Second Amendment Cons

    • 444 Words
    • 2 Pages

    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.…

    • 444 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    For example if someone has robbed someone then the robber cannot legally have a gun but a person who has got a speeding ticket can still own a gun Where was Second amendment issued? It was passed in our capitol Washington, D.C in the House of Representatives. It was passed under our 102nd federal congress. In cases in the 19th Century, the Supreme Court favored that the Second Amendment does not bar state regulation of…

    • 906 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The first reason why the second amendment is important is because we are an uncommon nation, to have the right to own arms so why change it. Alexander Hamilton, Founding Father, said “The Constitution shall never be constructed… to prevent the people of the United States who are peaceable citizens from keeping their own arm”. That means that the constitution will never be built to stop peaceable citizens from owning guns. I think he meant as long as we are peaceable citizens, we shall have the right to own guns and if…

    • 546 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Do people today really need to have guns? The second amendment was passed by Congress September 25, 1789 but was added to the Bill of Rights on December 15, 1791. The 2nd Amendment is about the right to bear arms and often referred to as the “Right to Bear Arms Amendment.” The second amendment states that “a free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies” (The United States of America Constitution). Allowing responsible United States citizens to bear arms is still needed today.…

    • 609 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Concealed carry is a law that has been in controversy for several decades. A majority of people say that not being able to carry a gun is violating their rights. Others say that they don 't feel safe when there are guns around and can cause more harm than good. The use of concealed and carry weapons could reduce the number of mass shootings by making criminals not want to commit the crimes because the people who are armed would be able to defend themselves.…

    • 1892 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Second Amendment Debate

    • 587 Words
    • 3 Pages

    The Second Amendment to the United States Constitution composes an implicit part of citizen’s safety. “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…

    • 587 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Due to our limited amount of resources, the military can’t keep all of its citizens safe. Therefore, the second amendment was passed and ratified onto the constitution. The amendment stated, “A well-regulated militia being necessary to the security of a…

    • 856 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Second Amendment In Texas

    • 933 Words
    • 4 Pages

    The United States of America developed the 2nd amendment so that citizens would be able to protect themselves legally against any dangers ahead of them. This civil right was intended under the assumption that citizens would use it to defend themselves under militia structure. However, as time went by the country has begun to use guns for personal protection of individual life and property. The manipulation of this civil right has led Texas legislators to create new gun laws that instead of doing away with guns they lawfully allow their use.…

    • 933 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Second Amendment

    • 1577 Words
    • 7 Pages

    The Founding Fathers of the United States wrote the Second Amendment to the Constitution for a reason; to protect the rights of the people. This means that citizens have the privilege and ability to possess a gun and use than gun for lawful purposes, such as self-defense within the home. The government has no right to restrict them in owning guns for this reason. Further amending the right to own a gun would only do more harm than good in the United States. By creating stricter gun control laws, the government would not solve the problem of criminals obtaining weapons and would only take away the protection of the people.…

    • 1577 Words
    • 7 Pages
    Great Essays
  • Great Essays

    The right to bear arms has been topic of discussion among people since ancient times. Political theorist John Locke viewed possession of arms as a personal freedom one should abstain. The Second Amendments purpose and meaning has been a key controversy. The Amendment adopted in 1791, was constructed so each state maintained a militia, composed of everyday citizens who served as part time soldiers which were well regulated. People feared the federal government would use its standing army to go against its will on the states, the authors of the second amendment intended to protect the states militias’ right to bear arms.…

    • 1478 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Gun Control and the Second Amendment According to Schulman (1991), the text of the Second Amendment of the US Constitutions reads as follows: “a correctly structured militia, for purposes of state security; the right of the citizens to have and to carry arms shall not be challenged.” This is a paraphrased version of what is contained in the original constitutional document. Nonetheless, it captures the spirit of the constitution regarding the issue of guns and their possession thereof.…

    • 996 Words
    • 4 Pages
    Improved Essays