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Mcdonald's Second Amendment Essay

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There is a glass of water filled halfway with water sitting on a table. Is the glass half empty or half full? Many people have heard this divided interpretation of a glass of water before and have differing views of whether it is half full or half empty. Yes, a glass of water is not a huge issue the country is facing, however, there is another issue this country is facing currently with the same principle that is escalating with time. Everyone learned in school about the bill of rights and about the amendments of the Constitution, which states every United States citizen’s basic human rights. Recently, the second amendment, the right to bear arms, has been under intense scrutiny and misinterpretation of this amendment is a growing problem spreading …show more content…

An African American retired custodian, Otis McDonald, took on the city of Chicago, which had the similar law restricting gun control policies as the Heller case. So, it comes to no one’s surprise that according to Encyclopedia Britannica, McDonald filed his lawsuit on the same day Heller’s case decision was announced to the public. Chicago was banning new registration of handguns, yet making a registration for handguns a requirement. The decision to change this regulation was made on June 28, 2010, when the court sided with McDonald 5-4. Although this case is recent it is still not the most recent major court case regarding the subject of gun control. Jamie Caetano fought her conviction of possession of a stun gun just this year. She claims she was protecting herself, in self-defense, against an abusive ex-boyfriend. Massachusetts argues that stun guns were not what the second amendment meant by “the right to bear arms” and is not common amongst military use and therefore should be excluded. In a unanimous decision, the supreme court sides with Caetano saying that although it wasn’t in existence during the founding and the enactment of the second amendment, the right to use this stun gun as a method of self-defense is still protected under the second

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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”.

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When the U. S. Supreme Court issued its seminal rulings in Heller (2008) and McDonald (2010), finding that the Second Amendment does in fact guarantee an individual right to keep and bear arms that must be recognized by the states, many Americans felt like the issue of the Second Amendment had finally been settled in America. Unfortunately, as we would quickly see in Chicago, Washington, D.C., and elsewhere -- it was only the latest chapter in what has become an endless battle for the natural right of self-defense. Take, for instance, the District of Columbia’s post-Heller “fix” to its unconstitutional gun laws -- forcing citizens to obtain a license to carry firearms outside their home, but failing to provide any mechanism by which to obtain a license. In other jurisdictions, including Illinois and Seattle, officials attempted to create de facto gun bans by increasing the cost of ownership through taxes and fees, regardless of the impact on minority citizens.

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