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If you are a gun owner you doubtless know about the 2nd Amendment. The 2nd Amendment to the Constitution states, in its entirety, 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.” It’s this legal protection of gun ownership rights that forms the basis for gun ownership in the US. Unfortunately, in recent years the US has seen an increased number of malicious and horrific mass shootings. In fact, in 2019 there was a record high of mass shootings and there were actually more mass shootings in 2019 than days. These shootings are carried out by individuals who are abusing their gun ownership rights.
In this article, we’ll be talking about the 2nd Amendment and covering the 2nd Amendment rights you’ll want to know. Remember, the constitution is the foundational law upon which US law is based. Many other laws, especially state laws, have sprung up to regulate firearms while still allowing citizens to keep and bear them.
WHAT YOU NEED TO KNOW ABOUT THE 2ND AMENDMENT
Adopted in December 1791, the Second Amendment of the US Constitution preserves the rights of the people to keep and bear arms. Many interpret its language to mean that the right to self-defense by individuals is fundamental to national liberty. Federal laws are more powerful than state or local laws so this federal law has an effect in every US territory. Let’s get started talking about the right to the 2nd amendment.
The 2nd Amendment Codifies a Pre-Existing Right
The Constitution does not grant or create rights but safeguards rights that its writers believed inherently exist. The framers of the Constitution used the word “unalienable” to describe these rights in the Declaration of Independence. The 2nd Amendment,much like the 1st does for free speech, recognizes a person’s right to bear arms.
The 2nd Amendment Protects Individual Rights
The Supreme Court has stated that it interprets the 2nd Amendment as an individual right. While some groups argue that 2nd Amendment rights are collective, this is not the prevailing current opinion. As interpreted by the Supreme Court the term “people” in the 2nd Amendment refers to individuals and not states.
“Militia”
A lot of the arguments about the interpretation of the 2nd Amendment refer to the inclusion of the word “militia” in its title. Current Supreme Court rulings interpret this militia as all citizens, men and women.
2nd Amendment and Personal Defense
Some politicians have mentioned hunting as the reason for their strong commitment to the Second Amendment. While hunting is a valid reason for carrying firearms, it’s definitely not the primary reason that the founders included the 2nd Amendment in the Bill of Rights. In its 2008 decision in District of Columbia v. Heller the Supreme Court stated “the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense.”
“Interest Balancing” and the 2nd Amendment
Interest balancing is a term describing the effort to balance a right with other interests. The Bill of Rights was passed mostly to remove certain rights from political controversy. It would take a very large majority to ever change the constitution and this system is in place so that certain rights are almost untouchable by legislators. Guns are regulated in the US, yes, but the right to keep and bear them is not.
The 2nd Amendment Exists to Prevent Tyranny
This seems to be clear enough in the text. However, the 2nd Amendment specifically mentions that militias are necessary to a free state. This has led to a lot of arguments in the Supreme Court and was a major point of discussion in John Paul Stevens’ dissenting opinion in the Heller case. Many Americans today believe that individual, not militia, ownership of firearms is necessary to prevent tyranny.
The 2nd Amendment as a Deterrent to Invasion
Although there is no evidence that the quote is real, a very popular myth among gun rights advocates is that Isoroku Yamamoto, former commander-in-chief of the Imperial Japanese Navy once said, “You cannot invade the mainland United States. There would be a rifle behind every blade of grass.” Many people believe that the widespread ownership of guns in the US is a deterrent to potential invasion.
The 2nd Amendment, Modern Weapons, and Restrictions
Part of the debate around gun ownership has been over whether or not the founders could have foreseen the power of firearms that exist today, such as automatic rifles. With an eye to this concept some weapons have been prohibited for civilian use. Some argue sort of the opposite. They say that if we consider the idea of having a well-armed militia necessary, then the militia should have access to military-grade weapons.
Other restrictions have come into law as well. Felons and other persons, such as the mentally ill, are prohibited from possessing weapons due to gun regulations.
MYTHS ABOUT THE 2ND AMENDMENT
The right to 2nd Amendment has often been misunderstood Here are some of the myths that have hounded the 2nd Amendment over the years.
Myth #1: The Founders Intended the Amendment to Apply to Militias Only
The Second Amendment begins: “A well-regulated militia, being necessary to the security of a free state…”. Some historians who interpret the 2nd Amendment to refer to individuals argue that militias are historically those groups that are not controlled by the state. They rationalize that this would then mean that the text refers to everyone. Others argue that the militia portion actually refers to protections of militias and not individuals. Either way, currently the militia-only argument is not the way the 2nd Amendment is interpreted in the US.
Myth #2 The 2nd Amendment Is About Hunting
Back when the 2nd Amendment was put into law it was common for people to hunt for their food. That’s true but the text of the Amendment doesn’t mention hunting at all. It certainly makes hunting with firearms easier though.
Myth #3: The 2nd Amendment Is About Protecting Yourself From Criminals
In a sense, yes, if those criminals were tyrants. That being said, the Amendment does not explicitly mention criminals. However the Supreme Court did interpret in its Heller decision in 2008 that “the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense.” So in effect, this is currently true.
Myth #4: The Founders Intended for Restrictions on Types of Firearms
There are no limitations outlined in the 2nd Amendment regarding the type of guns people can own. Since today’s high-powered weapons didn’t exist during constitutional times the 2nd Amendment is possibly constructed to include those weapons. This is definitely a point of debate. There’s a huge difference between a rifle and a rocket launcher. For now it seems like it’s up for the courts to try to interpret the intention of the Amendment.
Myth #5: The 2nd Amendment Was Established to Control Slaves
The basis of the Second Amendment arose from the British disarming Americans in the time leading up to the revolution. Some states were concerned that a strong central government in America could lead to them having to deal with a new, closer tyrannical government. There doesn’t seem to be any validity to the theory that the amendment pertains to slavery. Of course, these days we recognize that slavery to is against freedom and therefore the Amendment does touch on this topic in a certain way as it mentions the need for citizens to be able to able to maintain a free state.
Myth #6: Gun Ownership Is a 2nd Amendment Issue – Full Stop
The basis of all gun ownership rights does seem to stem from the 2nd Amendment. However there are many laws that regulate and restrict gun ownership and gun use. Interpreting the 2nd Amendment is a hotly debated issue but so are many gun laws. It’s important to look beyond the 2nd Amendment to see how gun law works in the US in practice.
Myth #7: 2nd Amendment Rights are Set, Any Limitations are Unconstitutional
Currently this is false as this is not how the Supreme Court interprets the Constitution. Lots of constitutional rights have limits. Take the case of the 1st Amendment and its right to free speech. The legal system sees restrictions on religious and political speech differently than it does “speech” as expressed by threats or hate crimes. We all might not agree on where we think lines should be drawn but at least for the 2nd Amendment it seems like there is a pretty clear consensus that citizens shouldn’t be allowed to own nuclear missiles at least. The debate right now is not about nuclear missiles though, it’s more centered on automatic weapon restrictions.
PROS AND CONS OF THE 2ND AMENDMENT
The 2nd Amendment guarantees people the right to bear arms but as we have covered, things aren’t as clear cut as they may seem. Let’s cover what some people consider to be the pros and cons of this text.
It Offers Self-Protection
When you carry a gun, you can use it for self-defense. At a very simple level that is what many people believe is the main point of gun ownership.
It Levels the Playing Field
Many gun owners believe that whether or not guns are illegal criminals will still get their hands on them. That is why they believe it is important to always have access to weapons for self-defense.
It Allows for Firearms To Get Into the Wrong Hands
Some people believe the culture of gun ownership in the US makes it very easy for the wrong people to get guns. Some recent mass shooters have legally obtained firearms.
It Raises the Risk of Gun Violence
Some studies show that, unfortunately, those who own guns are more likely to get shot than people who don’t own guns.
It Allows for More Gun Accidents
It’s true that accidental shootings happen. That is why we hope that all gun owners practice gun safety and safe storage. Part of gun ownership is responsibility.
Different people have differing opinions when it comes to the right to 2nd Amendment. The best thing for you to do is to be aware of the people around you and see whether or not they are okay with you carrying around your firearm and practicing your 2nd Amendment right. Of course that’s just to be polite. The right is yours regardless of their opinions (as long as it’s legal under state law and local law).
Opinions vary widely when talking about the right to the 2nd Amendment. That being said, look up state and local laws and be sure to carry legally if you plan on carrying and expressing your 2nd Amendment right.
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The 2nd Amendment: Everything You Need to Know
The GMW Concealed Carry Gun Pack. Now available now on Amazon.com.
BUY NOW
If you are a gun owner you doubtless know about the 2nd Amendment. The 2nd Amendment to the Constitution states, in its entirety, 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.” It’s this legal protection of gun ownership rights that forms the basis for gun ownership in the US. Unfortunately, in recent years the US has seen an increased number of malicious and horrific mass shootings. In fact, in 2019 there was a record high of mass shootings and there were actually more mass shootings in 2019 than days. These shootings are carried out by individuals who are abusing their gun ownership rights.
In this article, we’ll be talking about the 2nd Amendment and covering the 2nd Amendment rights you’ll want to know. Remember, the constitution is the foundational law upon which US law is based. Many other laws, especially state laws, have sprung up to regulate firearms while still allowing citizens to keep and bear them.
WHAT YOU NEED TO KNOW ABOUT THE 2ND AMENDMENT
Adopted in December 1791, the Second Amendment of the US Constitution preserves the rights of the people to keep and bear arms. Many interpret its language to mean that the right to self-defense by individuals is fundamental to national liberty. Federal laws are more powerful than state or local laws so this federal law has an effect in every US territory. Let’s get started talking about the right to the 2nd amendment.
The 2nd Amendment Codifies a Pre-Existing Right
The Constitution does not grant or create rights but safeguards rights that its writers believed inherently exist. The framers of the Constitution used the word “unalienable” to describe these rights in the Declaration of Independence. The 2nd Amendment,much like the 1st does for free speech, recognizes a person’s right to bear arms.
The 2nd Amendment Protects Individual Rights
The Supreme Court has stated that it interprets the 2nd Amendment as an individual right. While some groups argue that 2nd Amendment rights are collective, this is not the prevailing current opinion. As interpreted by the Supreme Court the term “people” in the 2nd Amendment refers to individuals and not states.
“Militia”
A lot of the arguments about the interpretation of the 2nd Amendment refer to the inclusion of the word “militia” in its title. Current Supreme Court rulings interpret this militia as all citizens, men and women.
2nd Amendment and Personal Defense
Some politicians have mentioned hunting as the reason for their strong commitment to the Second Amendment. While hunting is a valid reason for carrying firearms, it’s definitely not the primary reason that the founders included the 2nd Amendment in the Bill of Rights. In its 2008 decision in District of Columbia v. Heller the Supreme Court stated “the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense.”
“Interest Balancing” and the 2nd Amendment
Interest balancing is a term describing the effort to balance a right with other interests. The Bill of Rights was passed mostly to remove certain rights from political controversy. It would take a very large majority to ever change the constitution and this system is in place so that certain rights are almost untouchable by legislators. Guns are regulated in the US, yes, but the right to keep and bear them is not.
The 2nd Amendment Exists to Prevent Tyranny
This seems to be clear enough in the text. However, the 2nd Amendment specifically mentions that militias are necessary to a free state. This has led to a lot of arguments in the Supreme Court and was a major point of discussion in John Paul Stevens’ dissenting opinion in the Heller case. Many Americans today believe that individual, not militia, ownership of firearms is necessary to prevent tyranny.
The 2nd Amendment as a Deterrent to Invasion
Although there is no evidence that the quote is real, a very popular myth among gun rights advocates is that Isoroku Yamamoto, former commander-in-chief of the Imperial Japanese Navy once said, “You cannot invade the mainland United States. There would be a rifle behind every blade of grass.” Many people believe that the widespread ownership of guns in the US is a deterrent to potential invasion.
The 2nd Amendment, Modern Weapons, and Restrictions
Part of the debate around gun ownership has been over whether or not the founders could have foreseen the power of firearms that exist today, such as automatic rifles. With an eye to this concept some weapons have been prohibited for civilian use. Some argue sort of the opposite. They say that if we consider the idea of having a well-armed militia necessary, then the militia should have access to military-grade weapons.
Other restrictions have come into law as well. Felons and other persons, such as the mentally ill, are prohibited from possessing weapons due to gun regulations.
MYTHS ABOUT THE 2ND AMENDMENT
The right to 2nd Amendment has often been misunderstood Here are some of the myths that have hounded the 2nd Amendment over the years.
Myth #1: The Founders Intended the Amendment to Apply to Militias Only
The Second Amendment begins: “A well-regulated militia, being necessary to the security of a free state…”. Some historians who interpret the 2nd Amendment to refer to individuals argue that militias are historically those groups that are not controlled by the state. They rationalize that this would then mean that the text refers to everyone. Others argue that the militia portion actually refers to protections of militias and not individuals. Either way, currently the militia-only argument is not the way the 2nd Amendment is interpreted in the US.
Myth #2 The 2nd Amendment Is About Hunting
Back when the 2nd Amendment was put into law it was common for people to hunt for their food. That’s true but the text of the Amendment doesn’t mention hunting at all. It certainly makes hunting with firearms easier though.
Myth #3: The 2nd Amendment Is About Protecting Yourself From Criminals
In a sense, yes, if those criminals were tyrants. That being said, the Amendment does not explicitly mention criminals. However the Supreme Court did interpret in its Heller decision in 2008 that “the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense.” So in effect, this is currently true.
Myth #4: The Founders Intended for Restrictions on Types of Firearms
There are no limitations outlined in the 2nd Amendment regarding the type of guns people can own. Since today’s high-powered weapons didn’t exist during constitutional times the 2nd Amendment is possibly constructed to include those weapons. This is definitely a point of debate. There’s a huge difference between a rifle and a rocket launcher. For now it seems like it’s up for the courts to try to interpret the intention of the Amendment.
Myth #5: The 2nd Amendment Was Established to Control Slaves
The basis of the Second Amendment arose from the British disarming Americans in the time leading up to the revolution. Some states were concerned that a strong central government in America could lead to them having to deal with a new, closer tyrannical government. There doesn’t seem to be any validity to the theory that the amendment pertains to slavery. Of course, these days we recognize that slavery to is against freedom and therefore the Amendment does touch on this topic in a certain way as it mentions the need for citizens to be able to able to maintain a free state.
Myth #6: Gun Ownership Is a 2nd Amendment Issue – Full Stop
The basis of all gun ownership rights does seem to stem from the 2nd Amendment. However there are many laws that regulate and restrict gun ownership and gun use. Interpreting the 2nd Amendment is a hotly debated issue but so are many gun laws. It’s important to look beyond the 2nd Amendment to see how gun law works in the US in practice.
Myth #7: 2nd Amendment Rights are Set, Any Limitations are Unconstitutional
Currently this is false as this is not how the Supreme Court interprets the Constitution. Lots of constitutional rights have limits. Take the case of the 1st Amendment and its right to free speech. The legal system sees restrictions on religious and political speech differently than it does “speech” as expressed by threats or hate crimes. We all might not agree on where we think lines should be drawn but at least for the 2nd Amendment it seems like there is a pretty clear consensus that citizens shouldn’t be allowed to own nuclear missiles at least. The debate right now is not about nuclear missiles though, it’s more centered on automatic weapon restrictions.
PROS AND CONS OF THE 2ND AMENDMENT
The 2nd Amendment guarantees people the right to bear arms but as we have covered, things aren’t as clear cut as they may seem. Let’s cover what some people consider to be the pros and cons of this text.
It Offers Self-Protection
When you carry a gun, you can use it for self-defense. At a very simple level that is what many people believe is the main point of gun ownership.
It Levels the Playing Field
Many gun owners believe that whether or not guns are illegal criminals will still get their hands on them. That is why they believe it is important to always have access to weapons for self-defense.
It Allows for Firearms To Get Into the Wrong Hands
Some people believe the culture of gun ownership in the US makes it very easy for the wrong people to get guns. Some recent mass shooters have legally obtained firearms.
It Raises the Risk of Gun Violence
Some studies show that, unfortunately, those who own guns are more likely to get shot than people who don’t own guns.
It Allows for More Gun Accidents
It’s true that accidental shootings happen. That is why we hope that all gun owners practice gun safety and safe storage. Part of gun ownership is responsibility.
Different people have differing opinions when it comes to the right to 2nd Amendment. The best thing for you to do is to be aware of the people around you and see whether or not they are okay with you carrying around your firearm and practicing your 2nd Amendment right. Of course that’s just to be polite. The right is yours regardless of their opinions (as long as it’s legal under state law and local law).
Opinions vary widely when talking about the right to the 2nd Amendment. That being said, look up state and local laws and be sure to carry legally if you plan on carrying and expressing your 2nd Amendment right.