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
South Korea Laws
Law of the Land
Korea was a primitive society and the King had ultimate until after the Korean War, when basics of a legal system were introduced by the United States, as they did in Japan by influencing the writing of the Constitution.
The judicial system of South Korea is composed of the Supreme Court of South Korea, the Constitutional Court of South Korea, six (6) High Courts, thirteen (13) District Courts, and several courts of specialized jurisdiction, such as the Family Court…
Gun Control in the United States
In 2010, there are 270 million privately owned guns, which is approximately 27 times the number of Canada’s (James et al). This is because the Second Amendment to the United States’ Constitution states that the right of the people to keep and bear Arms shall not be infringed (“United State Constitution”). However, because firearms can be seen as both self-defense tools and harmful weapons, there are many controversies about the politics of gun control…
May 11, 2013
Out of all modern states, the U.S. has the longest democratic tradition. Most democratic norms, freedoms and rules of functioning of political institutions have been enshrined by the U.S. Constitution, adopted in 1787. However, this continuity has not only positive consequences: the creators of the Constitution could not have foreseen how the situation in the domestic and foreign policy would change within centuries, that is why many provisions of the Constitution need to be…
have come to the opinion that the government should restrict an individual’s right to possess a variety of firearms. There are many reasons why this opinion must be invalidated. As an American citizen, one should have the right to bear arms because the Constitution states that anyone’s rights to bear arms shall not be infringed, one is guaranteed the right to protect and defend himself from foreign invaders, and gun restrictions on those that already follow the law haven’t worked and won’t work.
Texas is a state in the Southern part of the United States. The state takes the 2nd place by the territory (696,241 km2) after Alaska and the 2nd place in terms of the population (25,674,681 people) after California. It is one of the main centers of the US education, agriculture, animal husbandry, gas, oil, and chemical industries, and financial institutions. Austin is the capital of the state. Since Texas joined the United States as an independent state, it is the only state that…
One of the hottest topics in the news right now is Gun control. There are two completely different types of opinions about this topic. Half of the people say essentially, in about as brief as I can right it, guns are bad and they kill people. These people say that the constitution still comes with rules and regulations. On the other hand others are saying guns are part or our rights as Americans. These people refer to the second amendment to the constitution of the United…
Today, the American government believes that armed citizens are a threat to a peaceful society. President Obama and the Democratic Party seem to want to disarm the entire American population. They support the idea that a police state and the government will protect all citizens from every threat. While this is a noble idea; the reality is that citizens are the best judge of their safety in the face of a threat. From the very beginning…
Crime and guns. The two seem to go hand in hand with one another. But are the two really associated? Do guns necessarily lead to crime? And if so do laws placing restrictions on firearm ownership and use stop the crime or protect the citizens? For this reason, I stand firmly against the resolved that private ownership of handguns should be banned in the usa.
gun control: laws that control how guns are sold and used and who can own them
Hand gun: a small gun (such as a revolver or…
PP105 Introduction to State and Local Government
Mark D Black
Unit 6 Assignment
30 April 2013
Prof. Lisa Saye
HM 545: Right to Keep and Bear Arms.
The memorial expresses the sense of the Florida Legislature that the President’s Proposal to constrain the people’s access to arms violates the U.S. Constitution. The memorial also expresses the Legislature’s intent to lawfully overturn federal firearm control measures that violate the U.S. Constitution. The Second Amendment protects the individual…
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…