1 Second Amendment Second Amendment William Loakes Salt Lake Community College Political Science 1100-400 April 13, 2015 2 Second Amendment “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 The current status of the Second Amendment of the U.S. Constitution as recently interpreted by the Supreme Court happened on June 26, 2008, in the District of Columbia v. Heller ruling. The ruling that was made is it’s lawful to own firearms for purposes such as self-defense. This was the first decision the Supreme Court has made about the interpretation of the Second Amendment since 1939. (Loc) There is much debate between gun rights and gun regulation activists. The interpretation of the Second Amendment is a highly debated issue in current political elections. The Bill of Rights was written in 1791, which was 224 years ago. During this time, Thomas Jefferson was President, Mozart’s opera premiered in Prague, and Napoleon was appointed the Commander in Chief of the French armies. Times, technology, education, and modern advancements were greatly different. The words “bear arms” and “Militia” as written in the Bill of Rights has room for interpretation differences by various individuals and groups. The Founding Fathers may have had an entirely different meaning of these words compared to the meaning that a member of the NRA does today. The Third Amendment states “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” This Amendment was written for the protection of the colonists. During the Revolutionary War, British troops took colonists homes and used them for their private use. In present day, many U.S. citizens would agree that the Third Amendment was applicable for the time it was written and not relevant for present day. An argument that holds merit is that the same can hold true for the relevancy of the Second Amendment. 3 Second Amendment Many in the psychology community have done research and studies on the current generation of youth, and the premise of their work has concluded that the current youth is the most violent generation than any other documented. The blame for this uprising violence has been blamed on everything from video games, current music trends from artists like Marilyn Mason and Eminem, and the introduction of technology from early ages. The cause for the increase violence can vary, depending on the research study. Some Americans would dispute that gun-related violence is at an all time high. Within the last 20 years, school shootings have been prevalent in our news. Most individuals know the names synonymous tied with gun shootings; Columbine, Virginia Tech, and most deadliest school shooting at Sandy Hook Elementary where 20 children and 6 staff members lost their lives. After the Sandy Hook shooting, masses cried for stricter gun control laws. The United States has the highest rate of gun deaths than any other developed country in the world. In 2014, there was 51,420 gun related incidents, 12,518 deaths, and 22,896 injuries among individuals. (archive) Even with the data and the increasing gun violence, advocates for guns have protested that it goes against the Second Amendment to impose stricter gun control laws. Since the Sandy Hook shooting, President Obama has endorsed gun-violence research. In Connecticut, where Sandy Hook Elementary is located, a controversial law was passed that reserves rights to keep weapons out of the hands of the mentally ill and individuals with a felony conviction. This law passed in April of 2013. It is still too early to document the research the law has impacted with gun related violence, but in 2013 there were 32% fewer murders than 2011 in the state. (pbs) Another aspect in the Connecticut law that has been incorporated is making background checks universal and mandatory for all gun and ammunition purchases. The law has outlawed more than 100 4 Second Amendment assault weapons to individuals. The last aspect for the stricter gun control law was the banning of capacity magazines, holding more than 10 rounds. By limiting the magazine capacity, it limits the rounds the gun is capable of outputting. Connecticut has broken ground in restricting gun access to all. According to some, this state has the strictest gun control in the nation. There are those that have beliefs that there is no such thing as too strict of regulation for guns and ammunition. It takes a devastating tragedy for individuals to wake up and smell the roses. The United States did not see the need to change the ways we handled gun control, until the shooting and killing of 20 kindergarten and 1st grade students in the Sandy Hook shooting. Those who have had their lives changed from guns are some of the strongest advocates for gun control. One can see the example of this from the parents who lost their child in the Sandy Hook shooting or any other school shooting. Not a single parent who lost their elementary student, have said that the gun laws the U.S. are strict enough. In the coming years of research from the outcomes of the stricter gun laws being enforced in Connecticut, many states could follow suite and make access to guns and ammunition limited to those whom can pass background checks. The thought that there are certain loopholes where felons can own a firearm is scary. The loopholes are that as long as the conviction of the felony is considered “white collar” crime, or any non-violent crime, the individual may still have the opportunity to purchase a firearm and ammunition. Advocates for gun control want laws stating that regardless of the felony, it shouldn’t permit one to own a gun. Other restrictions that need to be incorporated with purchasing a firearm or ammunition, is the age of owning a firearm needs to be higher. In order to rent a vehicle in the U.S. is generally the age of 5 Second Amendment 25. However, depending on the state, the age of purchasing a gun is 16-21. In Vermont, a legal citizen of the age of 16 can purchase a handgun without the consent of a guardian or parent. It’s dumbfounding that an individual can get a gun before you can rent a car. Huge problems arise that; the responsibility is diffused greatly with a gun compared to a car. In Connecticut, regardless of the conviction, if you are found guilty and have a felony on your record, you forego your right to own a firearm and purchase ammunition. This is a good start, to the regulation of firearms and ammunition. In the future, the hope is that the U.S. starts to incorporate this type of gun control. Regardless if an individual is pro gun control or not, after Sandy Hook, stricter gun control is needed for this nation. We have a long way to go, but we can make it. As long as, the importance of the safety and wellbeing of the people are put as the number one importance. 6 Second Amendment Works Cited Amar, A. R. (2001). The Second Amendment as a Case Study. Retrieved from Yale Law School: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1836&context=fss_papers Merrill, S. (2015). 2014 Achive. Retrieved from Gun Violence Archive: http://www.gunviolencearchive.org/tolls/2014 Volokh, E. (2015). Jane Austen and the Second Amendment. Retrieved from The Washington Post: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/13/jane-austen-andthe-second-amendment/ Williams, E. (2014). Two Years After Sandy Hook, How Have Gun Law Changed? Retrieved from PBS: http://www.pbs.org/newshour/bb/better-two-years-sandy-hook-connecticuts-gun-lawschanged/