Guns, why do we need them? Why do guns attract us? What feeling are we seeking, what need are we pursuing? Is there anything else but the security that we try to get? As Chuck Palahniuk said, “It’s all mirror, mirror on the wall because beauty is power the same way money is power the same way a gun is a power.” So it is the power that we crave. As part of the first ten amendments contained in the Bill of Rights, the Second Amendment was adopted on December 15, 1791.
The Second Amendment to the United States Constitution protects the right of the people to keep and bear arms. So who really uses Second Amendment rights? After all, does anyone have a clue?
At the beginning, it seems all pretty clear right? As the text of the Second Amendment says, “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.” The text of the amendment is divided into two clauses. As a matter of fact, the courts had found that the first part, the “militia” clause, outplayed the “bear arms” clause. So, what it is trying to say, and is not doing a good job at it, by the way, is that the militias have a right to bear arms. According to the Supreme Court, it did not give individuals a right to own or carry a weapon. The gun control people don’t want the word “people” to mean anything in the same way the gun rights people don’t want the word “militia” to mean anything.
Little bit of political history
Furthermore, let’s go deeper into the history to find out some facts about the Second Amendment. Ronald Reagan’s election in 1980, brought a gun- enthusiast to the White House. At the same timeAnother political event took place. Orrin Hatch, the Utah Republican, became chairman of an important subcommittee of the Senate Judiciary Committee. He authorized a report, which claimed to find “a clean and long lost proof that the second amendment to our Constitution was intended as an individual right of the American citizen to keep and carry arms in a peaceful manner, for the protection of himself, his family and his freedoms.”
With the same objective, the NRA began commissioning academic studies. The studies aimed to prove the same. Even the establishment of the Republic Party rejected the constitutional theory. The theory evolved through brute political force into the conservative conventional wisdom.
Little bit of law
Additionally, it is clear, that the law will determine the Second Amend as much politics will determine. The war that is going on over gun control is not just one individual vote in Congress. It is a continuing clash of ideas, not to mention that political power backs them all. The courts respond to the publish pressure. For 30 years that’s what they are doing. If legislators sense a mandate for new restrictions on guns, the courts will find a way to uphold them. In the Ninth US Circuit Court of Appeals was said, “There is no Second Amendment right for members of the general public to carry concealed firearms in public.” It was silly to think that the Constitution will protect the Second Amendment rights of citizens to carry guns openly.
Who puts it best?
If we believe and go by the words of Ronald Dworkin, this is how he puts it. “The generation of judges collectively write the constitution as a story. Each judge has a responsibility to respect the characters and plot left her by her predecessors but brings the story up to date in terms of plot and character development. This is how we interpret the First, Fifth and Fourteenth Amendments; freedom of speech, is constantly being extended to media of which the Founders never dreamed; why wouldn’t we adopt the Second Amendment to changing circumstances the same way?
So, do we have a clear answer to “So, who really uses Second Amendment rights? I don’t think so. It is a law, which is not quite concrete. And as it appears to be that no one, not in politics and not even the law knows what it exactly means. I can tell you one thing though: the militia uses the Second Amendment rights for sure.