Second Amendment Essay, Research Paper
The Second Amendment
The Second Amendment has raised many arguments throughout the initiation of America. The Amendment provinces that? A good regulated Militia, being necessary to the security of a free province, the right to maintain and bear Weaponries, shall non be infringed? . When the amendment was written it was meant to let Militia? s to hold guns when being used for the? security of a free province? . Basically the sawed-off version of this Amendment provinces, the right to maintain and bear weaponries. Peoples now look at that and take it literally. They believe that anyone can possess a gun at anytime, irrespective of past records, age, and other of import factors. During the initiation, the gun state of affairs was much different so what it is today. Today guns are much more lifelessly, and readily available.
In the recent article, ? Dueling Scholars Join Fray Over a Constitutional Challenge to Gun Control Laws? , by William Glaberson of the New York Times, this argument is touched on many times. The article is based on the finding of fact of a federal justice alleviating a Texas physician of possible gun ownership charges, and the argument between two professors. The justice used Professor Joyce Lee Malcolm? s book as grounds in make up one’s minding the finding of fact. The chief point that Professor Malcolm brings approximately is that the Second Amendment is an single right because of what is stated in the English Declaration of Rights, and that the fundamental law was based upon that declaration. However, the positions of Professor Malcolm are greatly opposed by Professor Lois G. Schwoerer. Professor Schwoerer, who has studied the English Declaration of Rights in deepness, says that the declaration gave the right to bear weaponries but limited it by category and faith, hence, non doing it an single right. This argument has and will travel on until the Amendment is reworded to extinguish any confusion, but that may ne’er go on with all the people who have such strong beliefs in this topic. Besides the right may ne’er be taken off or modified because of the strong groups like the National Riffle Association.
There are fundamentally two sides to this on traveling argument. One side tungsten
ho believes that under the Constitution every person has the right to bear arms. But on the other hand there are the people who believe that this right should be limited in many ways, and should not be so much of an individual right. There have been many laws passed supporting the idea that this amendment should be limited, but the amendment has not yet been changed. In 1968 a law was passed called the Gun Control Act of 1968. This was focused on the fact that use of guns would be limited toward ?convicted felons, fugitives from justice, illegal drug users or addicts, minors, anyone adjudicated mentally defective or having been committed to a mental institution, anyone dishonorably discharged from the military, illegal aliens, anyone having renounced U.S. citizenship?.# Also, most states are now performing back round checks on anyone who wishes to purchase a gun. An addition was also made to the Gun Control Act of 1968 by James Brady called the Brady Act. This established a waiting period for anyone who wished to purchase a gun. This is a very important Act. If someone all of a sudden wants to do something irrational, they would then have to wait a certain amount of days before the receive a gun. This would give the person time to think about whether or not they actually wanted to go through with it. Another important addition to this Act is that proof of residency idea. This stops anyone from buying a gun outside of their home state. There are also the firearm tests that, right now, only five states have. This requires a person to pass a test before handling a gun on his or her own. In class we have discussed many of these ideas in limiting gun control, all of which are good ones. We brought up most of the factors of the Gun Control Act of 1968 and even the Brady Act as well. There will always be the people who believe that anyone should be allowed to posses a gun. The government is taking good steps in altering the Amendment without actually rewording it. When the Amendment was written the guns that were around were much different then the guns today. Therefore now some additional laws have been be made limiting this Amendment, but not entirely taking away the right.