The Rights Of Gun Ownership Essay

1232 Words Jun 8th, 2015 5 Pages
The ability to own a gun is a constitutional right. The second amendment of the Bill of Rights gives citizens of the United States the right to bear arms. It 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” (Second Amendment.). The right to bear arms is referring to the right to own and carry a weapon. Some scholars believe that the use of the words “a well-regulated militia” as a prefix to the second clause means the second amendment only exists to “restrict congress from legislating away a state’s right to self defense” and not to allow the general public to rights to gun ownership ("Second Amendment.").People who believe this think individual citizens do not have the right to own guns and that the second amendment is meant to protect state armies from federal control. This is referred to as the Collective Rights Theory ("Second Amendment."). The Collective Rights Theory is not applicable to the second amendment. Leonard W. Levy, a Pulitzer Prize recipient in 1969, wrote that “[b]elieving that the [second] amendment does not authorize an individual right is wrong…[t]he right is an independent one, altogether separate from maintenance of a militia” (Bogus 8). The first and the second clause stand independent from each other as the first clause protects the states’ right to a militia (which was an attempt to quell the fears of the anti-federalists) and the second clause…

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