Essay on the 2nd Amendment
The Second Amendment is known as the “right to bare arms” what this means if that we can own firearms and keep them. It was adopted in 1791 into the Bill Of Rights and The Second Amendment recites, “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.” – United States of America Constitution. This means in current terms that as Americans we can carry and use firearms in self-defense. This would be judged as a civil right because it is the right of the American citizen in political and social standing. It was proposed by James Madison, it was a way to encourage the states so they could feel more at ease with the federal army. There are more ways to classify this as a civil right, the right to bare arms was placed so that we may protect ourselves from the oppression of a corrupt government trying to oppress the American citizen. Many have argued the true meaning of the second amendment but its’ complex phrasing has muddied the waters a bit but that does not change its meaning nor does it change its status as a civil right, that is not to say this right can not be stripped from you should you convicted of a felony, but due to the fourteenth amendment, your fundamentals rights cannot be revoked without a due process of law. It is a right that can be taken away should it be taken advantage of and it is a right that is closely monitored for public and national security. There are many laws in place to protect the public from those that want to cause harm such as the Brady Bill which simply means that one must wait for a period of time as background checks are completed.
District of Columbia vs. Heller (2008)
With the Brady Handgun Violence Prevention Act which demanded a mandatory background check on people wishing to purchase a handgun, a police officer by the name of Heller submit an application for a registration license for a handgun, from the city of Washington. D.C. statute prohibited possessing a handgun in the home without a license but was denied under the statute and as a result, filed a lawsuit claiming it was unconstitutional to the second amendment. This case was then shelved by the district court, but the D.C. circuit court overturned the ruling that the statute defies the individual right to bear arms, the Supreme Court then granted certiorari and ruling in favor of the D.C. circuit court’s ruling. District of Columbia v. Heller had a major impact on the Second Amendment and the right to bear arms. This ruling determined that bearing arms is not limited to militia related purposes. The custody of firearms is, however, subject to regulation.