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Right to bear arms, preambal
Essay of the right to bear arms
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The Right to Keep and Bear Arms
The right to bear arms is a custom with deep roots in American society. Samuel Adams called for an amendment banning law that would “prevent the people of the United States who are peaceable citizens from keeping their own arms,” (Adams 86-87) and Thomas Jefferson proposed that “no free man shall ever be debarred the use of arms.” (Jefferson 334) Although the right is protected by the Second Amendment, it is subject to a great deal of controversy. The Framers appear to have intended to guarantee an individual right to carry firearms, which is especially prevalent in today’s society, when most crimes with a firearm are done with an illegally obtained firearm, in which people may have a firearm to defend themselves,
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In the Boston Massacre trial in 1770, John Adams began his opening statement with a quote from Beccaria, an Italian philosopher, and in his speech, he added that “the inhabitants had a right to arm themselves at that time, for their defense…” Adam’s own views against disarming the people were certainly consistent with the following passage from Beccaria which he copied in his diary: “Every Act of Authority, of one Man over another for which there is not an absolute Necessity, is tyrannical.” In 1775, North Carolina’s delegation to the Continental Congress, all of whom became prominent state or federal leaders, resolved: “It is the Right of every English Subject to be prepared with Weapons for his Defense.” (Hooper, 2, col. 3.) Bearing arms for personal protection was an unquestioned right in the minds of the Framers. “His own firearms are the second and better right hand of every freeman,” held Coxe, a prominent federalist and correspondent of Jefferson and Madison, the latter of which had written: “A Government resting on a minority, is an aristocracy not a Republic, and could not be safe with a numerical [and] physical force against it, without a standing Army and enslaved press, and a disarmed populace.” The Framers strongly endorsed the right to bear arms for self-defense; they gave written expression to their views through the second amendment and personally exercised the …show more content…
Any person who would like to wield a firearm should be able to pass a rigorous background check, as well as more background checks to make sure they can still keep their firearm without being a danger to others. Of course, those that do drugs, drink too much, are known for causing trouble, have been in trouble with the law, and/or have mental issues, etc., should not be allowed to own a firearm. Today, it would seem to some that gun registration laws are not currently adequate for law enforcement. To help prevent and to help solve crimes, they should be registered by the owner when they are bought, along with a background check, and recurring background checks sometime every year or two. For example, a child may find a gun belonging to their parents, and, perhaps thinking that the gun is cool, harm themselves or others. The gun should not have been outside of a safe or locked up someplace. In a case, similar to this, it could easily be prevented by having more strict gun control laws, such as a requirement to keep the gun locked inside a place in which a child cannot get into. Author Jeff Snyder had said that “to ban guns because criminals use them is to tell the innocent and law-abiding [citizens] that their rights and liberties depend not on their own conduct, but on the conduct of the guilty and the lawless.” While gun ownership should
Right now, the U.S. has a National Instant Background Check System; however, it contains many flaws. This system is meant to act as a filter to stop the wrong people from having guns. In 2007, the Bipartisan legislation was passed to strengthen this system. It relies on data supplied by the states, but the data is often incomplete and inadequate (Merino 104). Unlicensed gun sellers have also created a dangerous loophole. The law makes an exception for gun sellers who aren’t federally licensed gun dealers. These sellers sell guns informally through venues such as gun shows, and are not required to run background checks. This is a dangerous loophole where people who should not have guns can get them (“Gun”). Senator Frank R. Lautenberg once stated, commenting on the gun sh...
Some people believe that guns should be heavily regulated. In fact, According to Handgun Control ¨laws such as the Brady Act, which requires background checks on gun buyers, have prevented four hundred thousand felons and other prohibited purchasers from buying handguns.” These laws have done their job. This system still has its flaws. They are trying to fix a system that is not broken and usually when someone tries to fix something that is not broken they break it. Also, when there are new laws for gun
Some people believe that extremely tight gun control laws will eliminate crime, but gun control laws only prevent the 'good guys' from obtaining firearms. Criminals will always have ways of getting weapons, whether it be from the black market, cross borders, or illegal street sales. New gun control laws will not stop them. Since the shootings of Columbine High School, Virginia Tech, and Sandy Hook, the frequency of mass shootings has increased greatly. Gun control is not effective as it has not been shown to actually reduce the number of gun-related crimes. Instead of considering a ban of private firearm possession, and violating individual ownership rights, it may be more practical to consider the option of partially restricting firearm access.
There are many good people out there, and sometimes they are to good. In some circumstances, someone might buy a firearm and a relative that did not meet the qualifications to obtain a firearm just ask to use it to go hunting. Something that simple as a family member asking to try out another qualified family members firearms can put many lives in danger. Many people will not think a family member would be capable of taking a life or their own and that trust is what put many others lives in danger. Another reason as to why a family background check needs to be enforced is what if the person that obtains the firearm lives in the home with a known criminal? In a short reading from the “American Now” book a short article By James Stancliffe called Guns Act As a Force Multiplier endangering everyone he states that his “main issue with guns is that they act as a force multiplier”, and this is true if falling into the wrong hands. By giving someone with a criminal family member access to a firearm is just like giving that known criminal access to that firearm also. One last reason a family background check needs to be enforced is if there are children in the house. If there are children in the home further precautions need to be enforced, like a lock box with a key in a high area in a low traffic room . Children do not know the dangers of a
In current day society, it is frequently promoted as self-defense and our “duty” as Americans to own a gun of some sort. The second amendment to the constitution declares that “We the People” are allowed to bear arms because we live in a free State. Although these statements are true, at what cost? The question, “at what cost,” arises due to the recent push for an extension and enforcement of the second amendment. The people of the States have been pushing for desired concealed carry at public areas, such as schools. Statements and questions of concern have been on the as to whether or not this idea is “smart”. Contrary of it allowing some people to feel safe, the idea should be imposed. Guns are weapons and they have the history behind them
One way gun control advocates have tried to reduce the number of guns being issued to citizens of the United States of America is to require background checks. Background checks are performed on some weapons but they want a full background check for felonies, mental issues, proper classes, safety precautions to name a few. Background checks would make sure that if you have any type of police record you will be given a second look and make sure that you are fit to own a gun. (Asa Best) If you have a record this does not mean that you will not be able to own a gun it may just mean that your ch...
The right to bear arms protects “The Individual” rights from owing a firearm. The modern federal government easily accepted the 2nd Amendment with a widespread agreement that power of the federal government to infringe the Amendment that gives people the right to bear arms. If the government should not have the power to abbreviate from the free right to exercise of religion, than the government should not have the power to abridge the 2nd Amendment right (Lund & Winkler, n.d.). Over the past century, many restriction were supported to prevent criminal from possessing firearms as the law also limits the law-abiding people who respect the law also known as “Honest
“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” is stated in the United States Constitution as the Second Amendment. Several Americans wish to rid of guns from citizens, disobeying and disrespecting the Constitution. I shot my first gun when I was young and have always been surrounded by them. My neighbor does not leave the house without carrying one, nor does my eighteen year old friend. Never once have I felt unsafe or uneasy knowing that there was a gun close to me. The right to bare arms has become a popular local battle in which some people want to reduce the freedom of one owning firearms while others wish for the
The second amendment to the US Constitution shows that it is unconstitutional to have complete and total gun control. The second amendment states that “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.” This means that it is the right of an American citizen, abiding by the constitution, has the right to bear arms. Currently, there are over three hundred and seven billion people residing as American citizens. Within the homes of these Americans, forty five percent have a registered gun in their household. As a diverse nation, there are many reasons why there are guns located within a household. Sixty percent stated the gun is used for protection against int...
From this amendment it is apparent that the founders of our country knew in 1791 that guns did and would continue to play a role in the lives of Americans. Things haven't really changed that much.
Although the Second Amendment prevents the federal government from completely banning guns in America, limited restrictions are allowed on the distribution and possession of firearms. Certain groups of people such as criminals, the mentally unstable, and soldiers dishonorably discharged from the military are prohibited from possessing or interacting with firearms (Flynn). These restrictions are enforced by background checks in some states on both a state and federal level. However, gun laws vary from state to state and are often not thorough enough; the background checks are flawed due to lack of information and misinformation, and guns can easily end up in the hands of criminals and malevolent individuals. The ease of obtaining a firearm in America fosters crime and a dangerous environment. Hence, the Second Amendment should be reinterpreted so that stricter gun laws can be implemented because modern citizens do not require guns, current background checks are flawed, gun...
Throughout the years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being committed with guns will be reduced and thus save lives. However while gun control laws may decrease criminals’ access to guns, the same laws restricts gun owning citizens who abide by the law; these citizens make up a great majority of the opposing side of this argument. These people argue that the law was made with the individual citizens in mind. This group believes that the Amendment should be interpreted to guarantee citizens free access to firearms. One major group that is in strong opposition of stricter gun control laws is the National Rifle Association (NRA). The NRA argues that having stricter gun control laws will only hinder law-abiding citizens. The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted.
equally chosen that it is their right and duty to be at all times armed” (Jefferson).
People have questioned gun control long time. Many people wonder if anyone, aside from those who join the law force, should be allowed to carry guns. Benjamin Franklin once said, “Those who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety” (Wright 4). Franklin understood that taking guns away from law-abiding citizens would not uphold their liberty. Some people who argue for gun control state many violent crimes involve guns. Others believe a child could find the gun and something bad could happen to the child or others when a gun is unsafely stored. People who argue against gun control might say there is a huge psychological gap between citizens who shoot to protect themselves or their property and those who go into schools and shoot at others. Criminals will always find a way around gun control laws and will be able to obtain and use guns illegally. The second amendment protects gun rights for individual citizens. Reasonable gun control laws and educational steps can be taken to protect the majority of U.S. citizens. Gun control does not only take guns away from criminals, gun control also limits law-abiding citizens from protecting themselves and their families when necessary.
The discussion about gun control is far-gone, and America should enact laws that will require gun owners to register their firearms. A background check on every citizen bearing a gun is necessary so that guns do not land in the arms of felons and the mentally ill. Thinking that people can use guns to fight for their liberty is a far gone idea that needs a second thought. However, gun control is not the only solution because it is necessary to educate the population on the risks of keeping guns and asking them to remit the guns at their own will.