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The 2nd Amendment: Our Protection from an Overzealous Government

AMENDMENT II

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.

The right of the people to bear arms for the security of the state, family, and country. There is no limit to the style, type, or a number of arms. Why do so many try to infringe upon the Constitution? We, today see the reasoning that the second amendment is of such great importance.

At first, it was thought to apply only to the Federal government, but through the mechanism of the Fourteenth Amendment, it has been applied to the states as well. It is obvious that many today wish or want the ability to not be able to protect themselves from the corrupt, evil Federal Government, as we are seeing coming to fruition today.

AMENDMENT XIV

SECTION 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Every American rigbill_of_rightsht has the Constitutional right to life, LIBERTY, or property. The Federal government, the state government by these constitutional Amendments has no ability to stop any citizen from those freedoms. It also applies to any naturalized citizen as well. President Trump should utilize a legal team that is more than familiar with these Amendments.

On June 26, 2008, in District of Columbia v. Heller (PDF), the United States Supreme Court issued its first decision since 1939 interpreting the Second Amendment to the United States Constitution. The Court ruled that the Second Amendment to the U.S. Constitution bestows an individual the right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right. By the 14th Amendment, it states clearly that no state, in this case, a district cannot overturn the Federal law pertaining to privileges of.

 

We also have another case concerning D.C., The Supreme Court’s consideration of the Second Amendment this term was precipitated by the U.S. Court of Appeals for the District of Columbia Circuit’s decision in Parker v. District of Columbia (PDF), 478 F.3d 370 (D.C. App. 2007).  There, the D.C. Circuit, in a 2-1 decision, ruled that three District of Columbia laws regarding private gun ownership, which included a ban on new registration of handguns, a ban on carrying a pistol without a license, and a requirement that firearms be kept unloaded and locked definitively violated the Second Amendment.  The court held that individuals have a right under the Second Amendment to own handguns for their own personal protection and keep them in their home without placing a trigger lock on them.  This is the first decision since the Supreme Court decided Miller in which a federal court overturned a law regulating firearms based on the Second Amendment.

 

Supplied by the law library of the United States.

 

In its June 26 decision, a 5-4 majority of the Supreme Court ruled that the Second Amendment confers an individual right to keep and bear arms, and that the D.C. provisions banning handguns and requiring firearms in the home disassembled or locked violate this right.

 

In the majority opinion authored by Justice Antonin Scalia, the Court first conducted a textual analysis of the operative clause, “the right of the people to keep and bear Arms, shall not be infringed.” The Court found that this language guarantees an individual right to possess and carry weapons. The Court examined historical evidence that it found consistent with its textual analysis. The Court then considered the Second Amendment’s prefatory clause, “[a] well-regulated Militia, being necessary to the security of a free State,” and determined that while this clause announces a purpose for recognizing an individual right to keep and bear arms, it does not limit the operative clause. The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment. The Court asserted that its prior precedent was not inconsistent with its interpretation.

 

The Court stated that the right to keep and bear arms is subject to regulation, such as concealed weapons prohibitions, limits on the rights of felons and the mentally ill, laws forbidding the carrying of weapons in certain locations, laws imposing conditions on commercial sales, and prohibitions on the carrying of dangerous and unusual weapons. It stated that this was not an exhaustive list of the regulatory measures that would be presumptively permissible under the Second Amendment.

The Court found that the D.C. ban on handgun possession violated the Second Amendment right because it prohibited an entire class of arms favored for the lawful purpose of self-defense in the home. It similarly found that the requirement that lawful firearms be disassembled or bound by a trigger lock made it impossible for citizens to effectively use arms for the core lawful purpose of self-defense, and therefore violated the Second Amendment right. The Court said it was unnecessary to address the constitutionality of the D.C. licensing requirement.

 

Supplied by the law library of the United States.

 

With the continued argument of the anti-gun legislators and the Pro-gun activists, today proves once again that the Revolutionary Forefathers were correct in their writing of the 2nd Amendment to protect the citizens against the over burdensome Federal Government and enemies of America.

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The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.

RANDY

I love America, and what the Constitution stands for. I love history and am aware of the sacrifices our forefathers went through to make America this free country. I am appalled that any American would desecrate her flag, spit upon her history, or warp her great history for their own greed. I believe the ingenuity and hard work of Americans have never been surpassed by any other society or country. I write what I see Americans are feeling. I do not fall into the trap of political rhetoric, nor do I believe that the Constitution gives all power to one branch as many do today. The civic duty, responsibility, and freedom that America affords each individual and this freedom should be taken seriously for all things that govern the common individual. NOT A REPUBLICAN NOT A DEMOCRAT. IF DESCRIBED, I AM A CENTRALIST WITH A CONSTITUTIONAL BIAS. A REAL PATRIOT. PART OF THE LOGICAL MAJORITY THAT LOOKS FORWARD

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