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Second Amendment Pros And Cons

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The debate on the Second Amendment, and many cases have been reviewed by the Supreme Court to determine what exactly it means. The Second Amendment states “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 debate is over what the Second Amendment means when it says “the right of the people to keep and bear arms”. Those in favor of gun control believe that putting more restrictions on guns will make America safer and reduce the number of deaths in our country. They claim that the Amendment protects the right to arming a militia, which we now call the National Guard, but nothing beyond that. Those opposed to gun control believe that restricting guns will make our country more dangerous because countries with higher gun control have …show more content…

Miller. After the Saint Valentine’s Day Massacre, the National Firearms Act(NFA) was passed, which required all firearms to be taxed and registered, and all permanent movement of firearms across state borders to be reported. Miller considered this unconstitutional and a violation of his Second Amendment rights, so he appealed his case to the Courts. The District Court Judge Heartsill Ragon “accepted the claim and dismissed the indictment.”(United States v. Miller) He ruled the NFA unconstitutional, even though he was an advocate of gun control laws. After that, it advanced to the Supreme Court for further ruling. The Court ruled that the NFA was not unconstitutional, and that it did not violate the rights of the Second Amendment. This step was quite significant, since it fell in favor of gun restriction, and went against the District Court ruling. It implied that an individual’s guns could be restricted, which led to concern that the public could end up losing guns altogether if the Court remained in favor of gun control. As a result, the issue

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The Court’s decision of 15 May 1939 was unanimous. “However, Justice Douglas recused himself, most likely because he was appointed to the Court on 4 April 1939, and so had not heard oral arguments on 30 March. Justice James Clark McReynolds delivered the six-page decision. The first third contained almost the entire text of the indictment; the full text of the National Firearms Act; the claims by Miller and Layton to Judge Ragon that NFA ’34 was unconstitutional. They had explained that the National Firearm Act of ‘34 attempted to usurp police power reserved to the States by taxing items and also that the United States had the power to regulate the types of guns which they argued violated the Second Amendment.

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1982 Words | 8 Pages

The Bill of Rights was passed by congress on September 25, 1789 and was ratified on December 15 , 1791. James Madison and George Manson contributed to the bill rights. In the website, “Bill of Rights Institute,” the “Bill of Rights of The United States of America (1791)” explains the history of the Bill of Rights. At first 17 amendments were agreed on at the house but only 12 out of those 17 were approved. From there , only 10 were passed after being sent to the rest of the states.

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At first the NRA tried to hijack his case and replace him with their own lawyer, which failed leading the NRA to lobby congress to pass a law which would overturn the D.C. gun laws rendering Gura’s case moot. The NRA knew that if Gura were to lose and the court made the decision that the second amendment didn’t protect individual’s rights to bear arms they would lose legal ground which they had fought so hard over. During February of 2003 Gura was able to finish the complaint he would file with the federal trial court in Washington. It was actually a rather short complaint, consisting of only a few pages with no extraneous issues or “trap doors.” His argument was that “the second amendment guarantees individuals a fundamental right to possess a functional personal firearm,” His choice for the lead plaintiff was a woman by the name of Shelly Parker who had fought drug dealers in her Capitol Hill neighborhood.

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(Keefe pg.8 Nov. 2016 American Rifleman) Clinton announced “That the Supreme Court was wrong on the Second Amendment. And I’m going to make that case every chance I get ” which demonstrates her opposition to the right to keep and bear firearms. (www.nraila.org)

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Logan Waldrip 5th March 14, 2018 Supreme court case essay In 1939, the court case United States vs. Miller was brought to trial it involved the second amendment right ( the right to bear arms). The case was started in the U.S state of Arkansas when two male individuals Jack Miller and Frank Layton were traveling in a vehicle down interstate commerce and were abruptly stopped. They had a sawed off double barrel 12 gauge shotgun in their possession. With them being caught they were charged by a federal district court.

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559 Words | 3 Pages

On March 17, 2008, the District of Columbia v. Heller case was first argued in the Supreme Court. Dick Anthony Heller, a special police officer from Washington D.C., decided to take his case to court when he was told he could not posses a firearm for self defense. Heller asked the question of whether the Second Amendment does or does not protect the individual right to keep and bear a firearm for self-defense. Heller was fighting against the Firearms Control Regulations Act of 1975, which banned all ownership of a firearm in a person’s home, with the exception of law enforcement. The Firearms Control Regulations Act of 1975 states that all weapons must be “unloaded, disassembled, or bound by a trigger lock or similar device.”

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Does the second amendment prevent effective gun regulation? what is the right to bear arms?. The right to bear arms is to have weapons that are useful for protection when someone is trying to break into the peoples house or running up to the person and attacking him. The right to bear arms is the right to have protection, the second amendment has been a critical battle ground for the U.S because people say take the gun from people but the guns that they are takin is people that just stay at home they need to worry about drug dealers and gang members instead of civilians just resting at home so the battle ground for the U.S is they are taking the wrong peoples guns and doing that just cause more threat to the civilians who had guns for protection and those people are now trying to figure out how are they gonna defend themselves? how ar they gonna protect themselves if someone did break into their home?.

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95 Words | 1 Pages

The Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms. When the Second Amendment was written it was for the right to arm oneself as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, gun advocates proclaim that guns are for the right to self-defense. Some people try to participate and uphold the law. We have seen how guns in the hands of children can cause fatal accidents and people have committed mindless crimes leading to

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He and Clark M. Neily, gathered six people to be the plaintiffs. Dick Heller a police officer that carried a hand gun all day but wasn’t allowed to have one in his home. He wanted this law to be removed. The Supreme Court overruled the local law and allowed for gun ownership and adjusted the rules for guns.

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Majority of the people who oppose gun control believe that it violates the Second Amendment. The Revere Journal says that “In terms of the substance of the Second Amendment, the notion of a militia has no practical meaning today relative to what that term meant in the late 18th century. We are long past the days when farmers left the fields to become de facto soldiers, or when posses were rounded up to chase outlaws, or when settlers were on their own in a hostile environment. Some pretend that a lifestyle that no longer exists still has meaning in the America of the 21st century.” The people that agree on needing strict gun control laws will find a stronger connection to this image compared to the people who oppose

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1549 Words | 7 Pages

The topic of gun control and firearm regulation has been subject to heated debate for a long while. Both sides have potent arguments, however the core of this issue ultimately boils down to the constitution itself. More specifically the second amendment. This argument quickly becomes quite complicated because gun control and firearm regulation concerns not only the right of citizens, but more importantly the safety of citizens. The second amendment helps to guarantee an imperative right belonging to all citizens.

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1297 Words | 6 Pages

The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. The second amendment states, “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” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.

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1108 Words | 5 Pages

One of the most controversial issues our nation faces today is gun control laws. This controversy has been created due to the different interpretations of the 2nd Amendment of the Constitution which states the right of citizens to bear arms; “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” (Cornell Law School). Anti-gun control laws believe that the amendment guarantees the right to bear any kind of firearms. On the other hand, we have does that believe that more controls laws should be implemented since the 2nd amendment was for the right of States to have an armed militia during wartime. Both sides have strong point, however, the safety of our children comes first, and a firearm means death in the wrong hands.

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707 Words | 3 Pages

Since the begining of America, the Founding Fathers wrote the strong-standing Bill of Rights with amendments to protect the country that had just recently won their freedom, but one amendment has been the top theme of controversies for centuries. Gun laws offend the Bill of Rights in so many ways and they prove ineffective. Gun Laws are relevant due to thousands of deaths and self-protection. The argument goes on but without guns there is militia, one of the main intents of the Second Amendment. These simple rules can reduce deaths, proven by millions of influential people.

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1386 Words | 6 Pages

According to the Second Amendment, “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 Second Amendment specifically states that “the right of the people to keep

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