Firearms Violate The Second Amendment
The District of Columbia (D.C.) enacted in 1976 the, Firearms Control Regulations act of 1975, this legislation prohibited individuals from possessing firearms that are currently not registered as well as banning the registration of handguns following 1975. Though the police chief may authorize the issuing of licenses with a validation of one year, this provision requires that individuals who possess a legally obtained firearm, disassemble their weapon and bind it with a trigger lock ("District of Columbia v. Heller", Oyez). The issue at hand, which is the restriction of Second Amendment rights, began when D.C. special policeman Dick Heller, in the hopes that he could possess a firearm while at home, was refused a license when he attempted …show more content…
versus Heller was a landmark case that dealt with the Second Amendment of the United States Constitution. The question asked by the court was whether or not the D.C. provisions that regulate firearms violate the Second Amendment? In a five to four decision made by the Supreme Court of the United States, it was affirmed that the Second Amendment, pertaining to federal enclaves, safeguards a person’s right to own a firearm for “traditional lawful purposes, such as self-defense within the home” (Syllabus). This marked the first case by the Supreme Court that determined Second Amendment rights for individuals to keep and bear …show more content…
Heller.", Oyez). Furthermore, in dealing with the text of the Constitution as well as the history, the court held that “militia” will not be limited to citizens currently in the armed forces but, “…comprised all males physically capable of acting in concert for the common defense” (Syllabus). The majority felt that due to the period in which the Constitution was penned, to define the Second Amendment as restrictive, and allotting the right to possess firearms to those only serving in the United States military, would be to juxtapose what was expected of the Amendment and enact a state-sponsored power that the Constitution was trying to safeguard the people from ("District of Columbia v. Heller.", Oyez). Therefore, in correlation to the original and plain meaning of the Second Amendment, the operative clause as Scalia stated, should be interpreted to “…protect an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home” (Syllabus). The majorities’ interpretation of the Second Amendment as Scalia states, is
Arguments Against The Second Amendment
95 Words | 1 PagesThe Second Amendment to the United States Constitution protects the right of the individual to keep and bear firearms. When the Second Amendment was written it was for the right to arm oneself as a personal liberty to deter undemocratic or oppressive governing bodies from forming and to repel impending invasions. Furthermore, gun advocates proclaim that guns are for the right to self-defense. Some people try to participate and uphold the law. We have seen how guns in the hands of children can cause fatal accidents and people have committed mindless crimes leading to
Naacp Vs Heller Case Summary
563 Words | 3 PagesHeller (2008) District of Columbia made it illegal to own a firearm without a license and if you had one it must be unloaded and have a trigger lock. Dick Heller was a special police officer who wanted to keep gun in his home. The district of columbia denied him when he applied for a license so he sued the district of Columbia saying this violated his second amendment. Verdict: 5-4 decision for Heller, majority given by Antonin Scalia.they argued that banning the registration for firearms within the household violates the second amendment. McDonald v. Chicago (2010)
13th Amendment Pros And Cons
143 Words | 1 PagesThis law is a clear violation of the fundamental right to keep and bear arms. The wording of the Second Amendment is clear and does not mention anything regarding regulations. We as the court must ignore the
District Of Columbia Vs Heller Case Summary
559 Words | 3 PagesHeller case was concluded on June 26, 2008 by a 5-4 decision. The final decision was delivered by Justice Antonin Scalia. After fighting since 2002, Dick Anthony Heller had won in the Supreme Court. The decision was that "the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.” (Justice Antonin Scalia, Oyez.org)
District Of Columbia Vs Heller Case Summary
533 Words | 3 PagesThrough court cases like District of Columbia v. Heller, the Second Amendment was clarified to extend the right to possess firearms for “traditionally lawful purposes” from simply militia related services. McDonald v. Chicago further expanded the application of the Second Amendment by holding that it was applicable to states through the Fourteenth Amendment. Furthermore, these two cases were tied together as the Supreme Court held in District of Columbia v. Heller that the right to self-defense was a “fundamental” and “deeply rooted” right which in turn allowed the Supreme Court to rule that based on the 14th Amendment and the precedent established in the Heller case that the 2nd Amendment’s guarantee of the right to bear arms was applicable to states for the purpose of self-defense. There are three
Heller V. Chicago Case
604 Words | 3 PagesDick Anthony Heller was a D.C. special police officer who was authorized to carry a handgun while on duty. He applied for a one-year license for a handgun he wished to keep at home, but his application was denied. Once Heller received his denial, he took to the District of Columbia stating that they violated his Second Amendment right to keep a functional firearm in his home without a license. The district court dismissed the complaint. The U.S. Court of Appeals for the District of Columbia Circuit reversed and held that the Second Amendment protects the right to keep firearms in the home for the purpose of self-defense, and the District of Columbia’s requirement that firearms kept in the home be nonfunctional violated that right.
The Case Of District Of Columbia Vs Heller
1007 Words | 5 PagesThe District of Columbia v. Heller (2008) considered the constitutionality of The District of Columbia law banning the possession of handguns. The Court upheld the federal appeals court decision, striking down both elements of the D.C. gun law. In addition, the Court broke down the Second Amendment into two different views. The operative clause and the prefatory clause assisted Justice Scalia in the Courts opinion and Justice Stevens in dissent. I agree with Justice Stevens’s dissented opinion for several reasons.
Examples Of Contextualizing The Second Amendment
998 Words | 4 PagesContextualizing the Second Amendment When the second amendment was created, the nation was in political turmoil. America’s thrown together militia could not withstand the power of England’s large standing army. The founding fathers feared that a government, which constantly experienced corruption brought about by years of servitude to the crown, could use a coordinated army that could enforce its will. But, as stated the militia that America had was not able to enforce its will, so as a counter, the founders decided that its citizens needed to be able to protect itself.
Mcdonald's Second Amendment Essay
1083 Words | 5 PagesAn African American retired custodian, Otis McDonald, took on the city of Chicago, which had the similar law restricting gun control policies as the Heller case. So, it comes to no one’s surprise that according to Encyclopedia Britannica, McDonald filed his lawsuit on the same day Heller’s case decision was announced to the public. Chicago was banning new registration of handguns, yet making a registration for handguns a requirement. The decision to change this regulation was made on June 28, 2010, when the court sided with McDonald 5-4. Although this case is recent it is still not the most recent major court case regarding the subject of gun control.
Argumentative Essay: Gun Control And Firearm Regulation
1549 Words | 7 PagesDebates about the Second Amendment have focused on its parameter to protect private rights of individual people to possess firearms, and the ability to be apart of militia organizations. The world has seen a drastic change since the implementation of the amendment in 1791. Civilian ran militias are almost obsolete, and most militias are now ran and regulated by state governments. The military of the United states has also seen a dramatic increase, and is undoubtedly more powerful. For the most part, civilians are no longer expected or desire to be apart of a militia, however firearms are still essential for self defence, hunting, and
Essay On Right To Bear Arms
1205 Words | 5 PagesIn contrast, Opponents believe that arms should have regulations because they cause violence, such as mass shootings and murder. Despite the differences on each side, the second amendment aids in the protection of all individual rights of the people to keep and bear arms for self defense when necessary. As a result, the definition of the right to bear arms has to be provided. The second amendment is quite a chicanery clause to understand, the first part of the clause stated “ a well-regulated militia.” “Well regulated…” was defined in the eighteenth century as properly but, not overly regulated (Roleff 69).
Persuasive Essay On Right To Bear Arms
1297 Words | 6 PagesIn contrast, Opponents believe that arms should have regulations because they cause violence, such as mass shootings and murder. Despite the differences on each side, the second amendment aids in the protection of all individual rights of the people to keep and bear arms for self-defense when necessary. As a result, the definition of the right to bear arms has to be provided. The second amendment is quite a chicanery clause to understand, the first part of the clause states “ a well-regulated militia.” “Well regulated…” was defined in the eighteenth century, as properly but not overly regulated (Roleff 69).
Argumentative Essay: The Second Amendment
685 Words | 3 PagesThe Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "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.
Mcdonald V. Chicago Case Study
971 Words | 4 PagesWhy 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “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”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today.
The Ethical Debate Of Gun Control
1991 Words | 8 PagesThe Second Amendment says, “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.” Gun rights has become the subject of intense political, social, and cultural battles for much of the last century. The pro-gun right side has asserted that the right to arms was absolute, and that any gun control laws infringed that right (Kopel, 2013). This right has been supported by the Supreme Court who has reinforced what has become the American consensus that the Second Amendment allows the right to keep and bear arms, especially for self-defense, and that it is a fundamental individual
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