The Second Amendment

Abstract

The Second Amendment has been instrumental in defining the extent that civil rights can be extended in the United States. The idea behind the amendment was to ensure that the civilians were always prepared during a war. Different political standpoints have been one of the primary reasons that have led the amendment to become unpopular. The amendment was an important compromise point based on the standpoints of the antifederalists and federalists. The amendment ensured that federal regulation could not impose any limitations. The firearms would be instrumental in enhancing their capability for self-defense. The Supreme Court sought to analyze some of the existing puzzles created by the Second Amendment. Stricter gun control is perceived to have the effect of defeating the efforts by the local governments.

Keywords: Second Amendment, civil rights, gun control

Introduction

The Second Amendment has been instrumental in defining the extent that civil rights can be extended in the United States. Questions have arisen on whether the bill was aimed at protecting the private rights of the individuals’ capability to own guns. Militia organizations like the National Guard have been put in question concerning their role in the American security system. The idea behind the amendment was to ensure that the civilians were always prepared during a war. It was therefore aimed at providing the government with the capability to establish peacetime standing armies. The amendment gave rise to several contentious issues existing in the American setup today (Cottrol & Mocsary, 2016). Different political standpoints have been one of the primary reasons that have led the amendment to become unpopular. The challenges are associated with the complexity related to its capability to cause public indignation. Subjugation from an armed populace tends to make the masses ungovernable. District of Columbia v Heller case provides some of the judicial efforts that were made towards assessing the applicability of the Second Amendment. The Second Amendment provided the environment where private citizens could own guns.

Background

Ratification of the Second Amendment was passed in 1791 to address the threats in the formative years of the United States (Blocher & Miller, 2016). The amendment was proposes by James Madison. The militia would be assigned the role of enhancing the security of the Free State. Owning guns was, therefore, instrumental in ensuring that the citizens could con in handy when a threat arose. James Madison proposed the amendment to enhance the capability of the state to stand out. The amendment was an important compromise point based on the standpoints of the antifederalists and federalists. Its ratification was the most significant source of repression based on understanding the different rights. One side believed that it opened up the opportunity for people to have expanded collective rights. The opposing party, on the other hand, thought that it was instrumental in defining individual rights.

Historical Overview

The units would be accorded the power to fight off the possible rise of an oppressive federal government. The belief of the well-regulated militia implied that the right was only supposed to be enjoyed by the organized groups (Cornell, 2016). The belief implies that the official militias are the only people supposed to bear firearms legally. It, therefore, means that the federal government does not have the freedom to abolish any state militia.

The opposite viewpoint, on the other hand, indicates that the amendment offers the opportunity for all the citizens to own a gun. The amendment ensured that federal regulation could not impose any limitations. The firearms would be instrumental in enhancing their capability for self-defence. The individualists pushed the viewpoint that the militia clause was not intended to prevent the citizens from enjoying the right to own guns.

Both interpretations have been instrumental in shaping the country’s ongoing gun control debate. The different viewpoints have been considered towards the efforts that need to made towards addressing the gun control issue. The complexity associated with implementation is pegged whether the amendment opens up the environment for all people to own guns. It needed to have placed restrictions on firearms, including the conditions that the appropriate gun holders should have.

Mass shootings have been blamed on the freedoms protected under the Second Amendment. The effect has seen many firearm-related bills initiated at state levels. The number of fatalities implies the direct danger posed by the firearms on the wrong hands. The fact has been a significant force shaping political opinion in the country.

District of Columbia v Heller’s Case Impact on the Second Amendment

The case was instrumental in defining the parameters of the gun ownership debate. The suit sought to analyze some of the existing puzzles created by the Second Amendment. Its wording can be associated with the unique constitutional provision that combined the preface and a command (Blocher & Miller, 2016). The statements encapsulating the amendment can be described to be ambiguous. It failed to define the meaning of what constituted a well-regulated militia.

The amendment in its wording is perceived to be associated with enhancing prohibitions on the capability of the citizens to own guns. The current circumstances have evidently changed necessitating a new interpretation of the amendment’s intention. Founding-era was definitely not occasioned by the changes in technologies that are aimed in addressing the uprising challenges. Placing the lethal weapons in the hands of the public is a direct threat to public security, primarily when the government is investing in the war against terror. The Heller case left many open issues resonating around the gun control debate. The supreme court was able to develop a list of the regulations that could be presumed to be lawful. The restriction placed on gun sales is also another regulation that is required to address the complexities associated with making key about capability. 

Significance of the Supreme Court Decisions

The Supreme Court has played a role in formulating jurisprudence that has been essential towards making critical considerations about the amendment. It has come up with the aspects that are employed towards addressing the discriminatory issues on the people that needed to bear arms. In Presser v. Illinois case, the court decided that the federal government is the only entity that had the jurisdiction of prohibiting gun ownership. The states were not allowed to ban gun ownership. The decision underlined the fact that civil rights could not be prejudiced. 

Contention between Anti-federalists and Federalists

The bill failed to identify an accurate definition of the well-regulated militia. The federalist saw the bill to be a direct threat to the coming together of the states. It implied that armed citizens would have the capability of resisting the efforts by the federal government to assert his control. The state government-aiming institute an uprising could abuse the militia units (Zick, 2018). Availing the guns to organized groups was definitely presenting a direct threat to the people. Significant questions needed to be addressed towards addressing the critical issues that needed to be laid down in the law.

Antifederalists, on the other hand, interpreted the amendment to have provided the leeway for private citizens to own guns. The enhanced gun control legislation would have made the bill successful. Self-defence has grown to become a significant point associated with the amendment. Stricter gun control is perceived to have the effect of defeating the efforts by the local governments. The people needed to look into the provisioned systems towards seeking the essential aspects that are created towards ensuring that the guns are abused.

State Government in Enhancing Gun Control Efforts

Individual state governments have instituted measures that are aimed at addressing complex issues. It was significant towards reducing the dangers exposed to fellow citizens. Events such as the Charlottesville violence have been significant towards necessitating more enhanced gun control policies. Racial supremacists and other criminal organizations have been blamed for exposing innocent people to avoidable danger using legally owned guns (Murphy, 2017). Gun control policies would be significant towards the avoidance of similar cases.

Application of the amendment exposes the local communities to unnecessary forces that are being significant towards creating unnecessary issues. The concerted efforts need to be made towards defining the people that can be allowed to own guns. Open carrying of firearms is still a topic that needs to be discussed. The arms have the unrestricted rights that need to be significant in addressing the complex issues.

Such violence is perceived to be instrumental in alleviating the problem. The proliferation of assault weapons has been blamed for the increased cases of shooting. The role of the guns in self-defence is seen to be in the position of enhancing security in the local communities (Blocher & Miller, 2016). The amendment needs to be interpreted clearly to solve the underlying problems resonating around the security issues.

Mass Shootings

The different court decisions have been instrumental in guiding the key processes aimed at reducing the instances of mass shootings. Increases frequencies of the mass shooting have raised the need to address the legal issues as well as the possible reforms. Enhanced background checks for potential gun owners would be vital. The efforts would ensure that the firearms are not placed on the hand of potential criminals that would abuse them. The bans on assault weapon have been made towards enhancing the security systems aimed at saving the public.

Conclusion and Recommendation

The Second Amendment played a critical role in opening the opportunity for the citizens to own guns. Enhanced control efforts need to be instituted to safeguard the public. The Supreme Court needs to come out clearly in defining the words contained in the amendment (Blocher & Miller, 2016). Circumstances have changed, and the government has a regular standing army to safeguard peace and integrity. Arming the citizens under the condition of the Second Amendment is misplaced. Policies to control guns will, therefore, be instrumental in ensuring that public safety is enhanced in the long run.

References

Blocher, J., & Miller, D. A. (2016). What Is Gun Control: Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment. U. Chi. L. Rev., 83, 295.

Cornell, S. (2016). Half-Cocked: The Persistence of Anachronism and Presentism in the Academic Debate over the Second Amendment. J. Crim. L. & Criminology, 106, 203.

Cottrol, R. J., & Mocsary, G. A. (2016). Guns, Bird Feathers, and Overcriminalization: Why Courts Should Take the Second Amendment Seriously. Geo. JL & Pub. Pol'y, 14, 17.

Murphy, C. (2017). The Second Generation of Second Amendment Law & Policy. Law & Contemp. Probs., 80, 233.

Zick, T. (2018). The Second Amendment as a Fundamental Right. Hastings Const. LQ, 46, 621.