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Second Amendment Argumentative Analysis

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The Second Amendment of the United States Constitution 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." Some people who advocate for the stronger gun control and extremists who go as far to claim that all guns should be illegal dwell on the part that talks about gun rights in relation to the militia. In a court case dating back to 1939, the Supreme Court ruled that because “the possession of a sawed-off double barrel shotgun does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia, the Second Amendment does not protect the possession of such an instrument” (United States V. Miller, 1939). …show more content…

Furthermore in the 2008 District of Columbia v. Heller court case, the Supreme Court ruled that the Second Amendment protects an individual right to possess a firearm even if it is not related to service in a militia as long as the firearm is utilized in “traditionally lawful purposes, such as self defense within the home” refuting the claim that since militias typically are no longer utilized, fire arms should be prohibited or at least regulated on those grounds. The impact of the District of Columbia v. Heller court case extended to a later case that took place in 2010. The McDonald v. Chicago court case dealt with the application of the Second Amendment to states because of the Fourteenth Amendment’s Privileges and Immunities or the Due Process clauses. The Supreme Court ruled that the Fourteenth Amendment does indeed extend the Second Amendment to states and that the District of Columbia v Heller case recognized that the right to self-defense in traditionally acceptable ways unrelated to the service of a militia through the use of firearms is a “fundamental and deeply-rooted …show more content…

In 2013 following the devastating Sandy Hook Elementary School and the Aurora movie theater shootings the Obama administration has a released a plan detailing the President’s plan to “reduce gun violence”. This plan explicitly states that the President strongly believes in the Second Amendment and it’s protection of the right to bear arms. The plan includes a mix of initiatives, executive actions and legislative actions that are preemptive – making it harder for firearms to fall into the wrong hands. This plan includes but not limited to extensive background checks, stronger bans on assault weapons, limitation of ammunition magazines to 10 rounds, getting rid of armor piercing bullets, initiating extensive research on gun violence and quality coverage of mental health treatment. Through this plan, President Obama aims to reach potential criminals early by incorporating education about gun violence into high school curriculum. Many people applaud this plan as it is well planned and it not only attempts to prevent crimes through heavier restrictions but also expands to cover mental health treatment and aims to get rid of some of the more dangerous aspects of firearm use like armor piercing bullets and limiting the number of rounds a magazine can hold. In addition, it also includes altering law enforcement to make it stronger by creating serious repercussions for gun

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