According to the U.S. constitution, the second amendment protects the right of citizens to keep and bear arms, but it does not prohibit gun control laws. Several cases have brought up the issue of whether the requirements and restrictions that gun control laws impose such as, what guns can be used, who can use them, and where they can be used are a violation of this amendment. Based on my research, I believe that all citizens should have the right to bear a gun regardless of service in militia, but gun regulations that are reasonable to ensure public safety do not violate an individual’s second amendment. District of Columbia v. Heller could be used as precedent case as it addresses this debate and helps define the second amendment. In 1967, The District of Columbia created strict gun control laws that banned all handguns and a requirement that all other guns at home must be kept unloaded and disassembled. Dick Heller and five other D.C. residents claimed they needed functional guns in their homes for self-defense and decided to challenge these gun control laws, but didn’t object to a registration requirement for the guns and also didn’t ask to carry guns outside of the home. The Supreme Court was asked to answer whether the D.C. provisions violated the second amendment rights of individuals who aren’t affiliated with any state regulated militia, but who just want to keep handguns and other firearms for private use in their homes. A prior decision made in 1939 in U.S. v. Miller that set the precedent being the only decision made that directly addressed the definition of the second amendment. The defendants of the case were arrested for transporting an unlicensed, sawed-off shotgun across state lines while engaged in interstate commerce, in violation of the NFA. The Supreme Court held that the NFA didn’t violate their rights because the weapon was not considered ordinary military equipment “of that its use could contribute to the common defense.” Using this precedent case, the Supreme Court decided that an individual’s second amendment was violated and the Court struck down D.C.’s ban on handguns holding that the second amendment guarantees an individual right to gun ownership, however, that the right to bear arms isn’t absolute and it only guarantees the right to posses guns which are “in common use at the time.” In a more recent case, McDonald v. Chicago dealt with a similar issue where petitioners argued that the gun control laws in the city of Chicago were extremely similar to Heller’s as it prohibited handgun ownership. Chicago argued that states “should be able to tailor firearm regulation to local conditions.” This argument is important because it deals with the balance of federal and state power. Local governments have a more intimate understanding of local problems, therefore can ensure safety and reasonable gun control laws for that area compared to a federal government which doesn’t have this advantage. The seventh circuit stated, “Heller dealt with a law enacted under the authority of the national government.” On the other hand, the Illinois laws were enacted by Chicago and Oak Park, “suboordinate bodies of a state.” This shows how the decision of the case can determine the power of states and municipalities to control handgun possession. It was decided that the second amendment incorporated meaning that the Court ruled that the second amendment limits state and local governments to the same extent that it limits prohibition. In a case dealing with student safety and possession of gun in a public, I found that the second amendment does not protect an individual. One example of this can be seen in the case…
a. Enslaved Africans
a. Latin America
a. Birth in the United States
b. Birth in the American Territory
c. Birth on any United States military base
d. Birth to American citizens outside the United States
a. Live in the United States last 5 years, and be 18 years old
b.i. File Notice of Intent
b.ii. Interview & Application
b.iii. Citizenship Exam
b.iv. Oath of Allegiance…
THE BIRTH OF THE CONSTITUTION
The Articles of Confederation
a. Confederation: When a group of people or nations form an alliance.
b. Constituiton: A system of laws by which a country is governed.
c. Commerce: Buying or selling/ exchanging of goods.
2. What was the first form of our national government? The articles of confederation.
3. For a law to pass, how many states had to agree? 9 states.
4. What were the powers of congress under the Articles of Confederation? Congress…
Gun control and the Second Amendment
The United States Constitution say that U.S. Citizens have the right to bear arms. Even though this guarantee was written with no constraints, there are now laws that limit certain aspects of gun ownership. The reasons for gun control fall under the flag of public safety. Though there are many safety reasons why private ownership of firearms should be banned, these arguments are outweighed not only by the need for protection, but because the limitation…
Is Gun Control The Solution?
Whether or not gun control bans and laws should be established has been a major political debate within our government for years; however, recently the debate on gun control has been appointed a top priority of debate because of recent school shootings occurring throughout the United States. Because of the recent killings two groups have been formed: the group against gun control and the group for gun control. I am against gun control. Instead there should…
was a large amount of controversy.
With Obama’s choice of Hagel for the Secretary of Defense we see a Vietnam Veteran. He “… was deputy director of the Veterans Administration during the Reagan administration and later served as president of the United Service Organizations.” (US News) “While Hagel is a Republican, his views on foreign policy alarm some of his GOP colleagues. During his time in the Senate, Hagel was verbose in his opposition to the wars in Iraq and Afghanistan, he voted against…
form of government, the Framers of the American Constitution decided on a new federal form of government, and created The Articles of Confederation. Under the Articles of Confederation (1781-1788), it provided the states to retain sovereignty and more power than the central government. Congress had no power to levy taxes or regulate interstate commerce. Areas assigned to the central government were difficult to legislate, as they had to be approved by nine of the thirteen states. States had the power…
document is: Should the Constitution be amended to give voters the power to enact or reject laws by ballot initiative, as a direct method in addition to the legislative authority of Congress? The proposing amendment to be considered is as stated; “It is in the power of each individual to enact or reject laws by ballot initiative.” The proposal of this amendment would allow the voters to gain the right to create and retract laws as they deem fit. The amendment will prevent the government from interfering…
United States Gun Control
The morning of December 14th, 2012 began just like any regular day for the residents of
Newtown, Connecticut. People woke up and ate breakfast and then the employed adults left
for work while enrolled students made their way to their schools. At Sandy Hook elementary
school, morning arrivals went as scheduled and the doors were locked at 9:30 am. However,
across town, began an incident which would forever impact the lives of millions. Twenty year
old Adam Lanza shot…
A federation or federal system is a political system that divides power between a central government, with authority over the whole nation, and a series of state governments
2.What are the advantages and disadvantages of a federal system?
•It allows states to take different approaches to problems, essentially becoming laboratories of democracy. Approaches that work in one state can be tried in other states.
•It gives local officials, who are closest to the people, the discretion to solve problems…
of the Constitution of 1787
During the debate about the Constitution of 1787, there were three main opinions. The Federalists believed the Constitution was perfect and did not need any more changes before ratifying. The Anti-Federalists opinion was that there needed to be more rights for individual citizens added to the Constitution and a greater balance between the central government and states. The third opinion was pro-citizen and wanted a loose central government and stronger state governments…