Essay Example on Second Amendment to the Constitution








Second Amendment The Right To Bear Arms I believe the Second Amendment to the Constitution The Right To Bear Arms was included in the Bill of Rights for a very important reason and is a very important part of American history The originals framers of the Constitution needed to include this Right as it was critical to the survival of the citizens of the United States We had just fought our War of Independence and guns were needed during that war to protect the families and properties of the people who fought so hard to gain independence Not only were guns and other weapons important for defense of themselves and their families but the same guns were used to hunt animals for food clothing and shelter Without the use of guns and weapons many of the settlers would have starved or been unable to properly clothe their families to protect them from the very harsh winters they faced The guns were also used to ward off predator animals from their livestock As police forces were few and far between and armies could not be everywhere each family also needed to protect their farms properties and small businesses from bandits and other outlaws As the United States continued to expand and its borders moved further west other needs for protection grew Settlers moving west had to protect themselves from Indian attacks and once again provide food as the wagon trains and individuals traveled on

The discovery of gold not only increased the number of people moving west but also heightened the need for protection from claim grabbers and more outlaws In the cases I cited the ruling of the Supreme Court further interpreted what the rights of the individual were and what rights the states had in restricting or enforcing any types of gun control In Pressor v Illinois the High Court ruled that although citizens had rights guaranteed by the Second Amendment the states in this case Illinois did have the right to limit the expression of the right People could not form militia teams or march in military fashion without permits or without being formally recognized by the Governor of the state they were in I quote from a very important interpretation on the Right To Bear Arms by citing the ruling and working in Mance v Holder A District Court in Fort Worth Texas struck down a provision in the 1968 Gun Control Act that prohibited Americans from buying handguns in any state that is not their own The measure the judge wrote could not pass the strict scrutiny test that he applied There was he noted no founding era thinking that contemplated that interstate geography based or residency based firearm restrictions would be acceptable insufficient evidence that the federal interstate handgun transfer ban is narrowly tailored and no way of getting around the problem that the law directly burdens law abiding responsible citizens who seek to complete otherwise lawful transactions for handguns In consequence the rule violated the Second Amendment and it was struck down 

In Tyler v Hillsdale County Sheriff s Department a divided Sixth Circuit Court of Appeals ruled that a person who has been adjudicated intellectually disabled or has been committed to a mental institution is not permanently barred from possessing firearms Despite showing no evidence of mental illness Tyler could not legally possess firearms under federal law because 30 years ago he had been involuntarily committed to a mental health facility for 30 days And he could not get his firearm rights restored because his home state of Michigan unlike several other states had not established a federally authorized program that could grant him relief and allow him to possess firearms Tyler filed a federal lawsuit seeking a declaratory judgment that the statute is unconstitutional as applied to him The federal district court dismissed the case citing Tyler s failure to state a claim but a panel of the Sixth Circuit reversed and sent the case back remanded to the district court

This showed that although states had rights to restrict gun ownership it could not arbitrarily do so The Second Amendment is the law of all the land I can only state again the importance of the Second Amendment and the Right To Bear Arms and the role it has played throughout our history What started out as not only a right but an essential part of the everyday life of the people has certainly grown into one of the most crucial parts of our lives today The right not only divides political parties and activist groups but it continues to play a major point of debate in local state and federal elections The terrorist attacks we see only too often again highlight the Right and the need for states and courts to restrict the possession of weapons but staying within the framework of the Constitution

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