Free

2nd Amendment (Right to Bear Arms) - Research Paper Example

Comments (0) Cite this document
Summary
Prior to the District of Columbia v. Heller decision by the Supreme Court, the Second Amendment had been the hot topic for debates among US law…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
2nd Amendment (Right to Bear Arms)
Read TextPreview

Extract of sample "2nd Amendment (Right to Bear Arms)"

The 2nd Amendment: Right to Bear Arms The 2nd Amendment: Right to Bear Arms The Amendment II to the US constitution made changes to the US Bills of Rights which protects people’s right to keep and bear arms. Prior to the District of Columbia v. Heller decision by the Supreme Court, the Second Amendment had been the hot topic for debates among US law professionals because the Amendment II was vague in itself. In 2008, the Supreme Court made a landmark decision regarding the 2nd Amendment. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that an individual’s right to bear a firearm is protected by the Second Amendment. The Court ruling also says that an individual can use firearms for ‘traditionally lawful purposes, such as self-defense within the home’ (FindLaw, n.d.). The Amendment II as passed by the Congress states that “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” (cited in Young, 2007, p.222).
Historical context
The Second Amendment came into effect in the second half of the 20th century. As described in a web document (‘Constitutional Topic: The Second Amendment’, n.d.), gun control advocates perceived the Amendment in another way referring to the mounting level of violence in the society and the role played by firearms in those issues; and in contrast to this view, firearm enthusiasts claimed that the opponents’ arguments are against people’s freedom and hence they interpreted the 2nd Amendment just as fiercely. Evidently, some phrases in the Second Amendment paved the way for a series of debates. The English Bill of Rights 1689 has greatly influenced the 2nd Amendment to the US Constitution. The right to have arms has been considered as one of the fundamental natural right throughout the English history. In District Columbia v. Heller (2008), the Supreme Court makes reference to the English rights concerning the possession of arms by individuals.
Social aspects
The growing threat of terrorism in Western countries, particularly in the United States, justifies the Second Amendment. Since US is considered to be prone to terror attacks since the 9/11, this Amendment would raise the level of security of US people. Referring to the increasing rates of crimes in the country including robbery, kidnapping, and sexual assaults, this Amendment would help people to be more self-defensive. However, some law professionals do not support Amendment II arguing that this would worsen the gun crimes in the country.
Advantages
As stated in some documents (‘The Second Amendment to the United States Constitution…’), the Amendment II is likely to improve the US people’s level of safety as the Amendment enables them to use firearms for self-defensive purposes. One of the major reasons behind the Second Amendment to the US Constitution was to prevent tyranny. Finally, US regulators believe that this change would assist the country to reduce the threat of terrorism to some extent.
Disadvantages
According to the US President Barack Obama (as cited in Velleco 2009), the Second Amendment may impinge the Federal government’s efforts to curb the gang and gun violence in the country (GOA). In addition, possession of firearms by youngsters is more likely to result in physical injuries and homicides as they are highly prone to temptations.
References
Constitutional Topic: The Second Amendment. US Constitution. Retrieved fromhttp://www.usconstitution.net/consttop_2nd.html#context
FindLaw. (n. d.). Second Amendment - Bearing Arms. Retrieved from http://caselaw.lp.findlaw.com/data/constitution/amendment02/
The Second Amendment to the United States Constitution Guarantees an Individual Right To Keep and Bear Arms. United States Senate, 97th Cong., 2d Sess., The Right to Keep and Bear Arms, 83-109 (1982). Retrieved from http://www.guncite.com/journals/senrpt/fgd-guar.html
Velleco, J. (2009). President Obama Continues Assault on the Second Amendment. GOA. Retrieved from http://gunowners.org/obamaacalderon.htm
Young, D. E. (2007). The Founders View On The Right To Bear Arms: A Definitive History of the Second Amendment. US: Golden Oak Books. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“2nd Amendment (Right to Bear Arms) Research Paper”, n.d.)
Retrieved from https://studentshare.org/english/1611949-2nd-amendment-right-to-bear-arms
(2nd Amendment (Right to Bear Arms) Research Paper)
https://studentshare.org/english/1611949-2nd-amendment-right-to-bear-arms.
“2nd Amendment (Right to Bear Arms) Research Paper”, n.d. https://studentshare.org/english/1611949-2nd-amendment-right-to-bear-arms.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF 2nd Amendment (Right to Bear Arms)

Topic: The 2nd Amendment

...not entail the freedom of an individual to bear arms. Simultaneously, the second amendment was not provided to provide for the liberty to maintain and possess firearms as an innate liberty of the associates of a systematized American society (Cornell 116). There is no particular motive for ruling out the possibility that some other associated but quite dissimilar functioning of the articles due procedure freedom to support oneself, and residence. There are several counter-indications and undeniably very little sarcasm in the fact that a similar court declined taking up Heller’s case. This is because the basis of the case did not influence the previous rejections of a practical due...
13 Pages(3250 words)Research Paper

Womens Right (Equal Right Amendment)

...already admitted and at times serve as heads of the organization. The armed forces of the US have a great deal of women who were not only sent to foreign lands to fight in war but also to take administrative functions. Through the Equal Rights Amendment, a balanced access to the once male-dominated (and still now) military career ladders was opened to the American woman. This must be seen as a very positive development. On another negative note, however, according to the Bureau of Justice Statistics, more than three women were murdered by their husbands or their boyfriends in the country every day in the timeline of 1993 until 2001 (Van Dusen and Sheldon 115). Sexual violence against...
10 Pages(2500 words)Research Paper

Right to Bear Arms

...? Every person has the right to live in a safe environment. One of the many reasons why people choose to live in a certain place is safety. It is notjust personal safety for some, but family safety for most. Every person needs to feel secure where they live, where they work. And we are not talking merely about health issues here. Rather we look into something more dangerous. And that is gun ownership. Gun ownership has been controversial because of the many violent crimes connected to shootings and killings with the use of guns. Legalization of gun ownership is part of the second amendment, where it states that “a well-regulated Militia, being necessary to the security of a free state, the...
3 Pages(750 words)Essay

The 2nd Amendment and the Right to Bear Arms

...? The Second Amendment and the Right to Bear Arms The Second Amendment and the Right to Bear Arms The tradition of gun laws in America is as old as the medieval times when Indians dominated the land. These laws did not limit the possession of arms. In fact, it was a requirement in some colonies for men to carry muskets especially when visiting the church. Weapons were a sign of honor, dignity and courage. The colonists that explored the New World were threatened by the Indians. For security against attacks, every able bodied man had to have arms. Guns were even provided...
5 Pages(1250 words)Essay

Domestic Crime Rate and the Right to Bear Arms

...? Domestic Crime Rate and the Right to Bear Arms of the of the Domestic Crime Rate and the Right to Bear Arms Introduction Domestic crime rates will increase if the Second Amendment rights were to be abolished by the government. The following discussion establishes this contention. The Second Amendment to the US Constitution declares that a well – regulated Militia is essential for preserving the security of a free state. Consequently, there should be no infringement of the people’s right to bear arms. With the decision in Heller, the import of the Second Amendment was no longer unanimous and differences began to crop up as to its meaning. Prior to this decision no court in the US had invalidated any law, on the grounds of being... to the...
16 Pages(4000 words)Research Paper

Sociology of Law Class-Second Amendment- Rights to Bear Arms

...and right to “keep and bear arms”1, however, governing legal provisions that define control is not similar in all Federal States and they shift from State to State. It was not until 2008, when the Supreme Court sitting in 2008 in the District of Columbia v. Heller2, clearly defined the legal interpretation of the legal scope and depth of the meaning of the Second Amendment’s interpretation regarding an individual’s right to posses guns, creating the first open space ever for regulating various forms of arms to be possessed by American citizens. In a historic ruling, the court upholding a unanimous judgment argues that the Second...
9 Pages(2250 words)Term Paper

The Second Amendment and the Right to Bare Arms

...of controversy surrounding the correct interpretation of the Second Amendment of the Constitution. At this point in time, it looks as though there is little chance og seeing a wave of gun control sweeping the nation. Instead, it is probable tht the allowance for individuals to own and bare arms will be systematically preserved by the highest courts in the land. Works Cited: ---------------, 2008, “The justices’ decision on the individual right to keep and beararms under the 2nd Amendment could reverberate throughout the U.S.”, The Los Angelis...
6 Pages(1500 words)Research Proposal

2nd amendment - the right to bare arms- US Constitution

...The Second Amendment or the Right to Bear Arms The right to bear arms was the Second Amendment to the United s Constitution. The amendment was ratified on December 15, 1791. In turn, the United States Constitutions was signed by 39 delegates on September 17, 1787. The American Civil War took place between 1861 and 1865 while the American Declaration of Independence took place in 1776. Simultaneous with the ratification of Amendment 2, nine other amendments were ratified on December 15, 1791. These are: Amendment 1. Freedom of Religion,...
7 Pages(1750 words)Research Paper

2nd Amendment to the Constitution

...of accidental deaths due to having the legal ownership of possessing firearms. In addition, it has also been examined that the firearm ownership raises the hazard of suicide within the society by a certain degree (Phillips, Barnes, Fusselman, Haskell & Ganschow, “Gun Control Vs. the 2nd Amendment”). On the other hand, the Second Amendment also confers people to protect themselves in terms threat of assaults. Moreover, it is also mentioned within the Second Amendment to the Constitution of the US that “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms,...
6 Pages(1500 words)Research Paper

Bill of Rights 2nd Amendment

...Bill of Rights: 2nd Amendment According to statistics from firearm manufacturers, American civilians owned close to 300 million firearms in 2010 (Just Facts, par. 4). The debate on whether or not individual American civilians have a right to bear firearms has been raging ever since the Second Amendment to the Bill of Rights was ratified on December 15, 1791. The Amendment which states that, “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” specifically...
7 Pages(1750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic 2nd Amendment (Right to Bear Arms) for FREE!

Contact Us