The Second Amendment
The Second Amendment
Tony Tanner
Political Science 1101
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The Second Amendment
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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.” For most, the Constitution is viewed as a document that is constantly
changing to reflect the day's economic and social beliefs. People who believe this way
also deem the Constitution as holding certain basic truths and timeless personal liberties
that cannot and should not change. The debate then, concerning the Second Amendment,
is the question of whether the "right" described in this amendment is a basic truth and
timeless personal liberty, such as free speech, or a dated freedom whose time has passed.
By examining the original intent and history of the Second Amendment and its current
interpretation, it is clear that the Courts today view this liberty as a basic right that has
been restricted somewhat to reflect contemporary issues and concerns.
The Second Amendment’s original intent can best be understood by first looking
back at its origin. In 1786, the United States was ruled under the Articles of
Confederation. Some leaders of the time perceived the Articles to be less than perfect,
regarding their power to establish and maintain stability. They believed that the Articles
alone would lead to a weak national government (Second Amendment, 2007). According
to this group of activists, the Articles of Confederation had several weaknesses. They did
not provide the power for the national government to tax, nor provide for a leadership
position for the government. Furthermore, the states had too much power and could veto
any amending of the confederation. Lastly, it did not account for trade (Berry, 2007).
These perceived weaknesses and Shay’s Rebellion led to the realization that the Articles
of Confederation needed to be addressed.
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In 1787 the Philadelphia Convention met in hopes of fixing the problems of the
Articles of Confederation. Instead they created the Constitution, which was supported for
ratification by the Federalists and opposed for ratification by the anti-Federalists. The
anti-Federalists were unsuccessful in stopping the ratification of the Constitution;
however, they were able to influence the creation of the Bill of Rights through the
Massachusetts Compromise. The Second Amendment was disputed on the grounds that it
would be unnecessary because a federal army would never be strong enough to overcome
the militia. This was believed to be true by James Madison and Noah Webster. Alexander
Hamilton felt differently. He thought that the federal government should be trusted and
have control over the army. The anti-Federalists argued that they feared tyranny, and
Federalists argued their fear of having no control over the people in the event of an
incident such as Shay’s Rebellion. The Second Amendment was drafted, proposed, and
instituted under these two different beliefs and circumstances (Second Amendment
2007).
The Second Amendment’s intent from its creation was to provide citizens with
protection by having the freedom of an organized militia and the right to bear arms. By
giving citizens this freedom, the amendment allowed them to protect themselves from
tyranny, criminals, Native American attacks, and other state militias, if needed (Who
Repealed, 2007).
Debates and questions surrounding the practicality of the Second Amendment
continue to take place in America. Gun control advocates and National Riffle Association
(NRA) leaders wage heavy lobby wars on Congress in order to persuade the legislature
their way (Second Amendment 2007). One example of an anti-gun interest group is the
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Brady Campaign. The Brady Campaign works with Million Mom March to create gun
control laws that are sensible. Their main goal is to have an environment that is free of
gun violence and is a safe place for everyone to live. The Brady Campaign right now is
trying to crack down on corrupt gun dealers, stop large-volume gun sales so that guns
won’t be turned around and sold illegally, and promote using Brady background checks
during every gun sale anywhere. The Brady Campaign does not want to ban guns, but
they do want to have sensible gun laws put in place to regulate ownership (About the
Brady, 2007). The Brady Campaign lobbyists believe that the Second Amendment has no
relevance to the issue today because the militia in the 18th century is not the militia of the
21st century. They believe this because the equivalent to a militia today is the National
Guard. Since their weapons are issued by the government just like the armed forces and
law enforcement, the Brady Campaign believes that their stance on gun control does not
justify or hold issues with the Second Amendment regarding gun control laws (Brady
Campaign, 2007).
On the opposite side of the spectrum, the NRA and other lobbyists and interest
groups who oppose gun control laws argue that the gun control advocates' arguments
have no evidence that the right to bear arms was solely issued to those who were in a
militia. These individuals quote many texts from history supporting the right to bear arms
as an individual right and as a form of self defense.
One such example that the NRA frequently sites is an incident in which a United
States District Court judge, St. George Tucker wrote: “The right of people to keep and
bear arms shall not be infringed, and this without any qualification as to their condition or
degree, as is the case in the British government." He goes on to further explain the strict
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adherence to the literal meaning of the wording in the Consitution, and he speaks of
individual rights to bearing arms such as hunting game, which has nothing to do with a
militia. The NRA leadership and other gun advocates also use arguments presented by
Alexander Hamilton and James Madison from the Federalist papers to support their view
(Berry, 2007). One other argument that gun advocates also make is the distinction
between militia and people used in the original wording of the Second Amendment. This
argument is presented as: why would the creators use the phrase "right of people" unless
they meant the people as individuals. If the creators intended for it to be the militia, then
they would have written "militia," instead of "people" (Berry, 2007).
In the NRA's official magazine, American Rifleman, editorials and articles that
boast NRA members as being part of "a proud American tradition, steeped in
constitutional rights, defense of home, family and country" abound, such as the editorial
written by Kayne Robinson in February 2005. Robinson (2005) also states in this article,
…"we have the right, history and liberty on our side" (p. 12). Posted on the contents page
of every American Rifleman is a statement that reads, "The NRA, the foremost guardian
of the traditional American right to 'keep and bear arms,' believes every law-abiding
citizen is entitled to the ownership and legal use of firearms, and that every reputable gun
owner should be an NRA member (p. 12).
Currently, the courts interpret the Second Amendment to mean all citizens, with
the exception of convicted felons, have the right to carry legal weapons. The decisive
difference in this interpretation is the restrictions regarding convicted felons and legal
weapons. Violence in America has shaped this more restrictive interpretation, and gun
advocates do not oppose some of these restrictions. The NRA has as its principle belief
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that "every law-abiding citizen is entitled to the ownership and legal use of firearms."
However NRA members are quick to defend more restrictive interpretations, especially
those restrictions that tighten the reigns on types of weapons deemed illegal. Robinson
writes, "Every anti-gun politician who ever passed an anti-gun bill immediately
demanded another anti-gun law, ban or restriction. They will never be satisfied until they
confiscate all our guns; only NRA stands in their way" (p. 12).
I oppose gun bans in the United States. My father and I own an assortment of
guns, from shotguns to handguns. In total I would say we own seventeen guns, most of
which are my fathers. A majority of the firearms at my house are shotguns that were
given to me and my father from my grandparents and great-grandparents. Some of the
firearms are my dad’s issued firearms from the police department. My father and I each
have our own hunting rifles and shotguns for dove hunting and white-tail deer hunting. I
have been raised around firearms, and I was always taught to respect them, I know that it
only takes one mistake, and you can cause serious damage to someone else or yourself. In
fact, a twenty-three year old Jacksonville Florida man died this past weekend due to an
accidental shooting while he was hunting in Ware County ("Accidental Shooting, 2007).
Since I received my first bb-gun at age eight, I was taught never to point it at
anyone and always have the safety on. I was taught all of the safety procedures, and when
I didn’t follow them, I was punished. As I got older, I participated in a hunter safety
course so that I could get my hunting license and go with my dad to hunt. It was one of
the only times that my dad and I could get away together alone. Even if I didn’t bring
home a deer, I still had a good time outdoors and cherished the time that I had with my
Dad. I became disciplined and learned to respect firearms through hunting and I think it a
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great tradition I would one day like to share that tradition with my children if I ever have
that opportunity. That is one reason I oppose stricter laws and more restrictive
interpretations of the Second Amendment.
I also side with the National Rifle Association’s view that guns do not kill people;
people kill people. One argument that supports this view is that Americans have a higher
rate of deaths and violence due to firearm use than countries that have strict gun control
laws. The truth is that most of the countries that have relatively low firearm crime rates
had those low rates before they put the gun control acts in place, and there are countries
without strict gun control laws that have a low firearm crime rate. This information
disproves the "more guns, more crime" theory (International, 2007). In comparison with
Canada, the United States owns nearly the same percentage of guns per person, yet
Canada has a much lower homicide rate, despite the use of firearms, than the United
States does (International, 2007; How Many Guns, 2007; Guns in America, 2007).
Another reason I am not a supporter of a gun ban is that even though it may help
prevent some crime and accidental fatalities from firearms, in reality, if someone has
made up his mind to harm someone else, he will find a way through other means. A black
market for guns will grow, and people will find a way to get a gun illegally. History,
itself, has taught us this lesson. The United States made the 18th amendment and
prohibited alcohol in our country. What did people do? They started making their own
alcohol or bought it from gangsters who brewed it or smuggled it in. The same goes for
illegal drugs in our country. People sell them and use them, despite the fact that they are
illegal. If this turns out to be the case with firearms as well, all of the law abiding citizens
will be defenseless to criminals, unless our police forces double in size in every city in
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America to enforce the gun control laws and protect defenseless citizens. This is an
unlikely scenario. We have not increased local law enforcement to control drug
trafficking.
Although I do not advocate a gun ban, I do believe in gun control. I agree with the
Brady Campaign in that we can make our country safer without banning guns. I agree
with their ideas of keeping guns out of the hands of convicted criminals and children,
except in circumstances like hunting under the supervision of a parent for shooting clays
and other such activities. I also agree with the regulation on guns that serve no purpose
for sport and are military style weapons designed to kill and nothing else. I agree that
those who own guns should know how to handle and secure their weapons so that the
guns cannot be stolen or found by children. I understand that there is no way to regulate
this unless you force people to get permits to purchase weapons and to receive a permit
(About the Brady, 2007).
Approximately eighty million Americans own firearms (Robinson, 2005). and the
NRA continues to be a powerful lobbying group. Despite these numbers, there have been
restrictions imposed on the Second Amendment, for better or worse, and these changes
prove that our Constitution is an instrument of government for the people. Thus far, the
Second Amendment has "stood the test of time," indicating its status as a basic right. Yet,
it has evolved to address concerns of our time. According to Justice William J. Brennan,
Jr., (1986) "For the genius of the Constitution rests not in any static meaning it might
have had in a world that is dead and gone, but in the adaptability of its great principles to
cope with current problems and current needs" (cited in Magleby, et. al., 2006).
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References
About the Brady Campaign. October 1, 2007, from
http://www.bradycampaign.org/about/
Accidental shooting. Waycross Journal Herald. October 8, 2007, p. 1.
Berry, J., Goldman, J., and Janda, K. ( 2007).The challenge of democracy. Boston, New
York: Houghton Mifflin Company
Brady Campaign- Myth of the Second Amendment. October 1, 2007, from
http://www.bradycampaign.org/facts/issues/?page=second
GunCite-Second Amendment-Original intent and purpose of the Second Amendment.
October 3, 2007, from http://www.guncite.com/gc2ndpur.html
How Many Guns are there in Canada. October 8, 2007, from
http://www.garrybreitkreuz.com/publications/GunsinCanada.htm
International Homicide Comparisons. October 8, 2007, from
http://www.guncite.com/gun_control_gcgvinco.html
Magleby, D., et. al. (2006). Government by the People (21st ed). New Jersey: Pearson Printice Hall.
Robinson, K. (2005, February) President's column. American Rifleman. p. 12.
Second Amendment to the United States Constitution. October 1, 2007, from
http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitu
tion
Travis, J. (1997). Guns in America: National Survey on Private Ownership and Use of
Firearms. October 8, 2007, from http://www.ncjrs.gov/txtfiles/165476.txt
Who Repealed The Second Amendment? And By What Authority. October 6, 2007, from
The Second Amendment
http://home.earthlink.net/~dlaw70/repealed.html
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