ProtectionsThe Second Amendment protects the citizens of the United States from government oppression and tyranny. In general, people were afraid that the national standing army created by the Constitution would have the power to enforce unjust laws onto the people. Thus, the militia and the right to bear arms was created to be a deterrent on governmental abuse.
In terms of civil disputes, guns enables citizens to fight when they felt that their rights were being infringed. For example, a lawful used of a firearm would consist of a man protecting himself, his family, or his property. The Second Amendment allows all able-bodied men over the age of 18 to own and lawfully use a firearm on his own property. Whether or not the right to bear arms increases or decrease crime rate in the United States is food for thought, however. "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." |
RestrictionsAlthough the Second Amendment grants citizens the right to own and use firearms, there are also serval restrictions. A man cannot carry any weapon in any manner and use it for any purpose as he pleases. By using legal firearms to threaten or harm any other citizen for no reason is considered an unlawful use, and is not protected by the Second Amendment. Also, a man cannot enter sensitive areas such as govermnet owned buildings, schools, or nursey homes while carrying a firearm. The Second Amendment also forbidds the commercial sale of weapons and firearms to the public. Ex-criminals and other convicted felons are restricted from owning or using firearms, unless if a certain number of years has passed and they have recieved a clemency from their state goverment.
On many different occasions certain unclear aspects of the Second Amendment have been tested. Congress has proposed several concealed weapon laws, however they have not been adequately upheld and enforced. In another trial, legislators attempted to require gun owners to lock the trigger of their weapons and disassemble them. However, these laws have been proven to be in violation of the Second Amendment, as it makes it impossible to be used lawfully. In certain cases, such as hunting, and when owning a gun not protected by the Second Amendment, a license is required to be obtained before personal use. Only certain guns are permitted to be legally owned by the general public. When first established, the only guns protected by the Second Amendment were ones that were "common to that time period". It protected sporting arms, and military weapons alike; specifically ones that would have been appropriate for use in an organized militia. The definitive case for this was in 1939, during the trial of US v. Miller. Miller was charged with owning a short-barreled shotgun with less than an 18 inch barrel. The Supreme court ruled in favor of the government, as the gun in question was not a military firearm and therefore not protected by the Second Amendment. |