The Second Amendment,
"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." –James Madison, The Second Amendment. The founders of our country as well as our constitution believed that without weapons in the form of firearms, there is no freedom from the harsh rulings of a corrupt government. These founders had just been freed from the duty of war from a corrupt and harsh government, without their weapons or the weapons of the people; this country would not be where it is today. That is why the founders found it in there top priorities in the bill of rights. This amendment however, has been one of the most controversial and debated topics of the 21st
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In the Miller V. United States (1939) case, 2 men, Jack Miller and Frank Layton, were indicted for transporting a short-barreled 10-gage shotgun across state lines, and the defendants argued that their arrest was against the 2nd amendment rights. The 2 men broke a current law decided by the NFA in 1934 that all guns had to be registered and taxed a toll of $200. $200 was would be about $3,500 in today’s money, which was a lot of money in the great depression. The court decided that the arrest of miller and Layton was constitutional because it was unlawful to own or transport a shotgun with a barrel length less than 18 inches. In the Hayes V. US (1967-1968) case, Randy Hayes was arrested for owning a firearm after being convicted on a misdemeanor. Hayes argued that his prior conviction for misdemeanor did not constitute a conviction for a misdemeanor crime of violence under the law. The Supreme Court agreed with Ha agreed with Hayes and reversed the Fourth Circuit saying that the offense law does not need to include the existence of a "domestic relationship" as an part of the crime in order to qualify as a "misdemeanor crime of domestic violence" as stated in the Gun Control Act of 1968. In the DC V. Heller (2008) case, the District of Columbia Code made it illegal to carry an unregistered firearm and prohibited the registration of handguns. The code also included that owners of lawfully registered firearms had to keep them unloaded, disassembled or bound by trigger lock unless the firearms were located in a place of business or were being used for legal recreational activities. Dick Anthony Heller was a D.C. special police officer that was authorized to carry a handgun while on duty. He applied for registration of a handgun that he would keep in his home and was denied. He later sued the District of Columbia. He argued that the DC code infringed upon his 2nd amendment rights