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Dick Heller's Violation Of The Second Amendment

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Today, on March 18th, 2008 we are discussing whether the District of Columbia’s has violated the Second Amendment with laws that prohibit handguns. I contend that these restrictions are not a violation of the Second Amendment. Specifically, I will address how the constitution relates to Dick Heller and the restrictions. The District of Columbia’s restrictions prohibit handguns from being licensed and brought into any home. In addition, if the firearm is licensed it must be “unloaded and disassembled or bound by a trigger lock unless they are located in a place of business or are being used for lawful recreational activities”. Basically, firearms that enter the home cannot have ammo in them and or must be in secure gun storage. Dick Heller, …show more content…

The Constitution under the Second Amendment clearly 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." The keywords in this quote are “militia” , “free State” and “bear arms”, which clearly validate that the intended purpose of this right was to be for the militia and national security. This was not Heller’s intention when he requested a personal at home handgun license. Heller therefore cannot use the Second Amendment to legally justify bringing this issue to the Supreme …show more content…

Because they are interchangeable, this proves Heller’s use of the Second Amendment is invalid. He clearly was not going to use the handgun for military service. The fact that the Second Amendment does not protect Heller is further validated by Madison’s draft of the constitution where he included a clause that stated “"the right of the people to keep and bear arms shall not be infringed, a well armed and well regulated militia being the best security of a free country ". These clearly proves that the constitution only protect the rights of the militia to use guns on the basis on national security. Heller’s license to have it in his home cannot affect the nation’s security, but only his own, making this defense flawed (Chicago

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