What does the second amendment of the constitution guarantee us?

Question

Why then do people want to ban fire arms? Why don't we take away the second amendment instead? Or the seventh since nobody really knows that one anyways?

Answer 1

Well here it is,

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.

Two parts see the commas, A well regulated militia, means something like the national guard and that will not be infringed upon by the national govt. The right of the "people" (that's you and me) to keep and bear Arms shall not be infringed. I personally don't see where the dilemma is is quite clear. The right of the people shall not be violated.

So take your Brady bill and shove it. The federal government should not be regulating the peoples right to bear arms. The problem is that the supreme court has become politicized and the legislature will enact laws that go in the face of the constitution knowing full well that they do because as long as no one brings it to the supreme court it won't be thrown out. Just look at "The Patriot Act" Now they can come and search your house without a warrant. I do belive thats somewhere in the constitution.

Answer 2

It guarnatees the right for people to defend themselves. It also goes further and secures the right of the people to retain the power to over throw their government should they decide it's not working out or to protect their state from federal control.

After all, just months before the constitution was written we had declared war on the government of the time!

And for those anti gun people out there ask yourself this question: "can the cops protect you?" Not with 10 minute response times in teh city and hours in the country. besides, do you really want to have to call the cops while some gangbangers or a bear attack your children?

It's a basic human right to defend yourself. The constitution recognizes that fact, as well it should.

Answer 3

the right to bear arms was intially put into place for americans to defend ourselfs from the government and has later taken on a diffrent meaning ie i have the right to own and carry a handgun" and thats the one that the high court regonizes as law with provisions attached as to know you are legally holding a gun. taking away the guns or doing away with an amendment takes , i beleive 3/4 vote. and athough the 7th doesnt make sense to you it seperates the powers of government and state powers. the states have a right to making decisions with out goverment interference it is used more times then most people notice, just becuase it isnt sighted regularly. judges and attorneys use it to decide if they can or can not usurp a states laws. with out guns in the posesion of 3 out of 5 homes this country would be taken over. one of the biggest issues in modern warfare ( vietnam, iraq, beirut and other hotspots) is the armed citizens, making it harder to take over or control. hitler wasnt always a harsh dictator but if you look back only till he disarmed his country did we really see what he was made of.....

Answer 4

The 7th is right to trial by jury. It means that the judge is not the sole person in decision, and this is highly important in some cases - it gives people more of a "chance" if it isn't just a matter of what's already black and white.

The 2nd gets debated a lot. Technically, it guarantees a militia. Obviously, we have gun laws like the Brady bill - while things like rifles remain a little more lax. The wording of the amendment does not actually guarantee that every person can carry a weapon - though the NRA would state so. The rest of the laws do the work.

Answer 5

Amendment II

"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."

Simple way to be within the letter of the amendment is to register with a militia when purchasing a weapon.

Amendment VII

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

Use the courts only when wronged, not primarily for financial gain.

Answer 6

"the right of the people to keep and bear Arms, shall not be infringed"

I agree that this is extremely clear, and I don't understand how any law with even the word "firearm" in the law can pass constitutional muster. In fact, since in theory we want felons to become productive members of society, I would go so far as to say that productive members of society should be allowed to protect themselves since the Supreme Court upheld that the government has no obligation to protect its citizens.

Answer 7

"A properly regulated militia, being needed to the protection of a free state, the right of the folk to keep and submit to palms, shall not be infringed." Please follow me, as i recognize my answer is extremely lengthy. i have self belief that the structure is a "residing record", that it really is written in this style of way that the rules it outlines are time-honored sufficient that they can answer complications that the Founders ought to not have dreamed up on the time (easily, i have self belief that this replaced into planned, otherwise, it ought to have outlived that is usefulness -- the Founders were quite intelligent adult males; a lot smarter than everyone in Congress now!) Anywho, i imagine that the second one helps gun possession to guard antagonistic to threats to the "free State", and the folk who stay in it. even as this regulation surpassed, the British (uh, i wager which could be you) invading lower back replaced into nevertheless our superb possibility (and it got here about in 1812), so the right replaced into extra to the structure to wield palms to be able to style a militias, if the favor arises. properly, at present you're our superb friends, and we somewhat haven't any more suitable favor for a militia. even if, we do have police on the interior sight, state, and nationwide aspect. interior the regulation's least complicated style, the militias stay to inform the tale as our police, using second modification. even if the folk of this us of a do not each and each have our own deepest police officer, so each sometimes that favor to guard the folk of our "free State" calls for the time-honored public use of palms. The Founders by no skill theory about the actual undeniable actuality that a quickie-mart proprietor may favor a shotgun to chase a robber away, yet they easily solid the structure in this style of way that leaves that possibility open.