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The Second Amendment: The Right to Bear Arms This amendment consists of a single

ID: 3459091 • Letter: T

Question

The Second Amendment: The Right to Bear Arms

This amendment consists of a single sentence: “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.”

Although today we tend to think of the “militia” as the armed forces or national guard, the original meaning of the word was “the armed citizenry.” One of the purposes of the Second Amendment was to prevent Congress from disarming the State militias. The phrasing of the Amendment was directly influenced by the American Revolutionary experience. During the initial phases of that conflict, Americans relied on the militia to confront the British regular army. The right of each State to maintain its own militia was thought by the founding generation to be a critical safeguard against “standing armies” and tyrants, both foreign and domestic.

The Second Amendment also affirms an individual’s right to keep and bear arms. Since the Amendment limits only Congress, the States are free to regulate the possession and carrying of weapons in accordance with their own constitutions and bills of rights. “The right of the citizens to keep and bear arms,” observed Justice Joseph Story of the Supreme Court in his Commentaries on the Constitution (1833), “has justly been considered as the palladium of the liberties of the republic, since it offers a strong moral check against the usurpation and arbitrary power of rulers, and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” Thus a disarmed population cannot easily resist or overthrow tyrannical government. The right is not absolute, of course, and the Federal courts have upheld Federal laws that limit the sale, possession, and transportation of certain kinds of weapons, such as machine guns and sawed-off shotguns. To what extent Congress can restrict the right is a matter of considerable uncertainty because the Federal courts have not attempted to define its limits.

What limitations or restrictions would be appropriate at work, at school, in public spaces?  

2)  What are the current gun laws in Michigan, Minnesota, and Mississippi How do these gun laws impact gun violence in each state?

Explanation / Answer

Note: This response is in UK English, please paste the response to MS Word and you should be able to spot discrepancies easily. You may elaborate the answer based on personal views or your classwork if necessary.

(Answer) (1) Transportation of weapons within the states should be banned completely. Unless the individual is a part of the armed forces of the country, only then should it be allowed. Furthermore, retired personnel of the armed forces should also not be allowed to carry weapons when traveling between states.

If the sale of these weapons is still allowed, then background checks, licensing, mandatory psychological evaluations and reasonable cause for ownership must be provided. Furthermore, all gun-owners and license bearers must be registered.

The ability to kill, if taken lightly, would be evidence of our lack of compassion as human beings and our failure to realise the value of all living things. It may sound philosophical, but the law is present to protect the right to live with justice and justice itself is a philosophical concept. Perhaps it is time that the laws of the future should be framed with the same philosophical ideologies that first produced democracy as opposed to the political agendas that are placed for the retention of power.

(2) Michigan – Handgun sales are required to be registered at the local law enforcement. It is a “shall issue” state for concealed carry is issued and open carry is generally permitted.

Gun-related violence – 11 people killed and 21 injured from gun-violence in 2017.

Minnesota – Permit to purchase requires one to be 18 years or older and permit to carry requires one to be 21 years or older. It is a “shall issue” state. A permit is required to carry pistols.

Gun-related violence – 432 gun deaths in Minnesota, out of which 332 were suicides.

Mississippi – “Constitutional carry” is permitted where a person does not require a state-issued concealed carry permit. A permit is only required if the weapon is concealed.

Gun-related violence – 11.96 per 100,000 deaths in 2016 by gun-violence. Mississippi is 4th highest in the US with gun-related violence.

Conclusion – Several states have perfunctory rules that have easy loopholes. Even with these easy to surpass regulations, gun violence is rampant in the US.

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