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The history of the second amendment and gun control in America - Essay Example

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Introduction: The United States of America (USA) is a relatively new country comparing to the other countries of the world. It was a British colony that earned its freedom after a bloody battle that was soon followed by a civil war. Drafting of a constitution is a time taking process and is subject to several amendments…
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The history of the second amendment and gun control in America
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Personal opinion along with opinion of the other scholars regarding this development have been carefully avoided that has reduced this paper into mere statements of facts surrounding the development of the second amendment of the USA constitution in connection with gun control. The second amendment of the United States Constitution is an inseparable part of the United States Bill of Rights that protects the right to keep a firearm in possession by an USA citizen without moving into legal hazards.

Owing to its historical nature this has become a soft spot in US sentiment and proponents favoring and disposing this right are all most in equal number. The consequences were often been grave, yet it seems the lion’s share of USA population prefers to own a gun rather than remain bereft of it1. However such discussion is beyond the scope of this paper and it solely concentrates on the historical development of second amendment of the US constitution and the gun control in America with respect to the same.

The ratification of Second Amendment in 1791 In an unexpectedly hastened political movement just following the drafting of US constitution; the right to ownership of a gun by common US citizens was paved its way into the constitution. A committee that included James Madison inked the ownership of gun by the US citizens. Madison took the prime role drafting that part with a view to create a regulated militia that was believed to provide the country a secondary line of defense strengthening its security.

It was strongly believed while incorporating that amendment that in case the people were retrained from that right; it would seriously hamper the security of the nation as well as their individual security2. The Bliss versus the Commonwealth case and the individual right related Jeopardy of 1822 The individual right to guns or any sort of fire arms and to be precise arms of any nature encountered its first counter attack long back in 1822. A case was filed in Kentucky when a man named Bliss was charged with carrying a sword hidden in a cane box was caught and immediately convicted.

A fine of $100 was imposed upon him; the money was quite hefty considering the market value of that time. In tune with the previous amendment of 1971; it was declared by the court that the person cannot be considered as a convict as the sole purpose of him carrying an arm was for her own defense. The majority of the judges supported the decision and it cemented the right of an individual to carry arms for her own or state’s defense. Bliss was freed with full honor and dignity and carrying of arms within any place of the Unites States was legalized3.

The Dred Scott versus the Stanford case of 1856 The legalization of carrying fire arms or gun within the boundary of the United States in its initial days was a culmination of court verdicts as it reflects in case of The Dred Scott versus the Stanford case of 18564. Slaves formed an important part in American population and they after a hard fought legal battle that often shed barrels of blood became legal inhabitants to the so called land of freedom. Regarding the aforementioned case when a question raised that whether a slave can enjoy the same privilege of carrying guns like any other American citizen; the court opined in favor of the slaves.

In a short and precise verdict the American Supreme Court declared that slaves being full-fledged American citizens are also bestowed with the

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