Saturday, February 15, 2014

Amendment 2


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.

Breakdown...

Meaning of this amendment is usually decided by the Supreme Court.


  • 1875 , the second amendment means no more than that [the right to bear arms] shall not be infringed by Congress, and has no other effect than to restrict the powers of the national government.
  • 1886  only that the federal government may not infringe on the right of states to form their own militias. 
  • 1951  as long as the government provides for free elections and trials by jury, private citizens have no right to take up arms against the government.
  • 1939  Second Amendment does not guarantee the right to own a firearm unless the possession or use of the firearm has "a reasonable relationship to the preservation or efficiency of a well regulated militia.
  • 2001  debate as one over whether the Second Amendment protects a "collective" right or an "individual" right to bear arms.
Case regarding the issue of 2nd Amendment:

2008 District of Columbia V. Heller

Issue:
Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. The federal trial court in Washington D.C. refused to grant the plaintiffs relief, holding that the Second Amendment applies only to militias, such as the National Guard, and not to private gun ownership.
Debate was over whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violated the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes.

Results: 
In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.


This is a funny video depicting the many misconceptions within the Supreme Court and others on how the Second Amendment should be interpreted.


This Image relays the message that some people may believe the Government is against Gun rights because they wish for more control. I have found many people to believe that we need to protect ourselves from the government instead of the government providing us with more protection. I believe in the choice of Americans, that we should have the freedom to own weapons. Even if weapons were outlawed they would be found in the wrong hands regardless. It is a complicated theory that allowing people the choice to potentially harm an individual may also be a right to protection. I believe the Second Amendment is not promoting protection of citizens but allowing equal opportunity. Which is a more important concept?

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