Nobody downloaded yet

Sociology of Law Class-Second Amendment- Rights to Bear Arms - Term Paper Example

Comments (0) Cite this document
Summary
Introduction Christine Cadena in a recent online paper entitled “Presidential Campaign Platforms 2008: Issues of Gun Control, Associated Content” reported that just about forty million Americans posses a gun. In her report, Cadena goes ahead to report that an estimated population of about 55,000 and 120,000 cases are reported annually in the US of situations where an American uses a gun in pretence of self defense (Cadena, 2008)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.4% of users find it useful
Sociology of Law Class-Second Amendment- Rights to Bear Arms
Read TextPreview

Extract of sample "Sociology of Law Class-Second Amendment- Rights to Bear Arms"

Download file to see previous pages 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 Amendment in that as it were in the current form, the provisions assured an individual right towards gun ownership, further consolidating that this said right also extended to include gun possession in the home for reasons of self defense. This paper looks into context, the Second Amendment’s “Right to Bear Arms” in light of American social set-up and the applicability, substance and relevance of the issues as a topic of ongoing debate. Before the Supreme Court’s decision upholding the right to bear arms, there was no definite agreement as to the extent to which the Second Amendment really meant. However, opposing arguments to the Second Amendment have consistently argued that in light to gun ownership, the court overstated their mandate to guarantee individuals rights to own guns and that it is only the state who bears rights to own firearms, or to engage in any activity purported to support gun ownership through any means defined by law under organized State militia. Not until then, there was a general notion that the Second Amendment was a mere block to federal action, and applied in exception to State jurisdiction. Nevertheless, the Supreme Court in 2008 re-affirmed that the interpretation of the Second Amendment provided an individual with rights to own a gun not related to the organization of the militia, further extending the right to gun ownership’s right to use in a lawful process for purposes including but not limited to self defense. This right was also extended to federal governments, states and municipalities. Prior to the Supreme Court’s ruling, the courts prohibited individual ownership of any form of firearm. In their interpretation of the Amendment, the District of Columbia law did not provide for citizens to carry any unregistered gun and from registering any firearm. Additionally, the law provided a different provision that guarded against carrying of guns without a legal government issued license, transferring the entire authority to license at the discretion to the chief of police. In was therefore seen that the court therefore provided a de facto prohibition on any individual owning a gun. The Second Amendment: an in-context examination The United State’s Second Amendment is part of the US Bill or Rights that seeks to uphold the right of citizens to keep and bear arms. The bill was adopted in the US in 1791 on December the 15th with other additional Bill of Rights. This right to posses’ firearms has an earlier origin than the Bill of Rights; the right was informed partly by the citizen’s right to own a firearm and derived from the English-law, and greatly influenced by the English Bill of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Sociology of Law Class-Second Amendment- Rights to Bear Arms Term Paper”, n.d.)
Retrieved from https://studentshare.org/sociology/1474258-sociology-of-law-class-second-amendment-rights-to
(Sociology of Law Class-Second Amendment- Rights to Bear Arms Term Paper)
https://studentshare.org/sociology/1474258-sociology-of-law-class-second-amendment-rights-to.
“Sociology of Law Class-Second Amendment- Rights to Bear Arms Term Paper”, n.d. https://studentshare.org/sociology/1474258-sociology-of-law-class-second-amendment-rights-to.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Sociology of Law Class-Second Amendment- Rights to Bear Arms

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,...
3 Pages(750 words)Essay

The Second Amendment Paper

...stable since its inception. The people are more than adequately protected by the most powerful military the world has ever known in addition to having numerous levels of law enforcement to protect them. Gun ownership is actually more a safety concern than a solution. Advocates of gun control typically want the “arm” that is responsible for the most murders, guns, specifically handguns, to be severely limited or illegal. They are willing to compromise allowing the general, law-abiding public to keep and bear long-barreled shotguns and rifles. Implementing this solution protects the right to bear arms as well as protecting...
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...
5 Pages(1250 words)Essay

First Amendment Rights

...? Freedom of Speech/Expression Freedom of Speech/Expression The First Amendment of the constitution of United s disallows the creation of rules and regulations that are in the favor of a particular religion and even restricted from creation of laws that are an obstacle in individual’s right to exercise religion, express oneself and stand against the government for the protection of their rights (Alexander, 2005, p.365). On the surface, this Amendment seems to provide a lot of benefits to the American society. For example: media has the freedom to provide information to the citizens of US, and the citizens of US are free to fight for their...
3 Pages(750 words)Essay

Second Amendment and Gun Laws

...: the Bill of Rights Series. New York City, NY: The Rosen Publishing Group. Gonzales, D. (2007). A Look at the Second Amendment: To Keep and Bear Arms. New York City, NY: Enslow Publishers, Inc. Halbrook, P. (2012). The Founders' Second Amendment: Origins of the Right to Bear Arms: Independent studies in political economy. New York Cit, NY: IVAN R DEE Incorporated. Kleck, G. (1997). Targeting Guns: Firearms and Their Control: Social Institutions and Social Change. Piscataway, NJ: Transaction Publishers. Lott, J. (2002). More Guns, Less Crime: Understanding Crime and...
5 Pages(1250 words)Research Paper

Amendment rights

...Running head: EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT IN AMENDMENT RIGHTS Discussion Board 5 Discussion Board 5Unreasonable searches and seizures are guarded by the United States Constitution under the fourth amendment. This came about due to the controversial writs of assistance during American Revolution. The amendment IV is has two distinct parts whereby: The first part usually safeguards people against unreasonable searches and seizures. There had been numerous ways of remedying unreasonable searches in the ancient times unlike in the modern jurisprudence that has facilitated respect of the amendment by the police officers. The second part usually concerns the proper issue of warrants whereby it states that there should... be a...
4 Pages(1000 words)Essay

The Second Amendment and the Right to Bare Arms

... The Second Amendment and the Right to Bare Arms The second Amendment of the Constitution protects an individual’s rights to “bare” or keep firearms as a means of lawful protection in the event that a military or militia is not established or is not functional, “The Amendment’s prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause’s text and history demonstrate that it connotes an individual right to keep and bear...
6 Pages(1500 words)Research Proposal

Second Amendment Rights

...THE CONSTITUTION OF THE UNITED S THE SECOND AMENDMENT: The Right To Bear Arms A well regulated Militia being necessary to the security of a freeState, the right of the people to keep and bear Arms shall not be infringed. (http://www.gpoaccess.gov/constitution/html/amdt2.html.) The right to own a gun has long been debated upon. However, with the increased need for national security as well as self-defence, the passing of the law that protects the values of those who do have guns had been established. Over and over again though, this law had been...
4 Pages(1000 words)Essay

Gun Control and Second Amendment

...of acting in concert for the common defense” which manifests that militia refers specifically to those who have been given authority by the federal government (Guncite, n.d.).. The term ‘the people’ has been used selectively in the US Constitution. In amendment 1: “Congress shall make no law ... abridging ... the right of the people peaceably to assemble.” U.S. Constitution article 1 and 2, clause 1: “The House of Representatives shall be composed of Members chosen every second year by the People of the several States”. These cited sections of the US Constitution seem to favour the anti-gun control faction that the use of ‘people’ implies the individual therefore the...
8 Pages(2000 words)Research Paper

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...
2 Pages(500 words)Research Paper
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 Term Paper on topic Sociology of Law Class-Second Amendment- Rights to Bear Arms for FREE!

Contact Us