Analysis of the Second Amendment: Right to Bear Arms
The Second Amendment to the United States Constitution reads, "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." ("Second Amendment to the United States Constitution"). Today, the interpretation of the amendment has polarized the American people among two different views (Greenslade, 2004). Those opposed to private ownership of firearms agrue that there is no individual right to keep and bear arms because the Second Amendment refers to the people's collective right as a members of a well-regulated State militia. In contrast, the individual rights view holds that individuals may bring claims or raise challenges based on a violation of their rights under the Second Amendment just as they do to vindicate individual rights secured by other provisions of the Bill of Rights. This view appears to be the most valid after placing the Second Amendment in appropriate historical and Constitutional context. For those opposed to an individual's rights to own arms, debating the wording and intent of the Second Amendment is a futile endeavor; to promote change efforts would be better spent on meaningful changes to the Amendment.
When "right" is used together with "the people" the right must belong to individuals because people are not a State or the Militia ("Whether the Second Amendment Secures An Individual Right", 2004). Vergudo-Urquirdez (1990) made it clear that the Second Amendment guarantees an individual right. 2 "To Keep and Bear Arms"The phrase "keep arms" at the time of the founding of the United States Constitution usually indicated the private ownership and retention of arms by individuals as individuals, not the stockpiling of arms by a government or its soldiers ("Whether the Second Amendment Secures An Individual Right", 2004). Instead, state and federal governments have in the Constitution only "powers" or "authority". Thus, when "the right of the people" appears in the Constitution, it indicates a personal right of individuals, whether that be a right to assemble and petition, to be secure in one's person and property, or to keep and bear arms. The adoption of a British Bill of Rights 1689 later included an explicit right to arms for defense. 1 "The Right of the People"Cleary, the "rights of the people" means the rights of individuals in the Second Amendment. Even today, there is still no requirement for a person to be in services such as the National Guard or the Naval Militia to be in the militia. As supported by its historical background and analysis of Constitutional context and meaning, "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" clearly grants individuals the right to private arms ownership. ("Federal Court Cases Regarding the Second Amendment") Later, in Lewis v. Restrictions to firearms would be permissible and approved through our current legislative process. On December 15, 1791, the Virginia legislated ratified the Bill of Rights, providing the three-fourths of the states needed to make the Amendments part of the Constitution ("Second Amendment to the United States Constitution").
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