Isn't it correct that a RIGHT and a PREVILEDGE are closely aligned, but are different in application...?

Question

...the preception Americans have a Right to own guns is
WRONG....Americans have the Previledge to own guns..
a previledge which can be revoked....(a right is not revokable,
a person is born with it)! Is this correct?

Answer 1

I don't believe so, I believe the Constitution guarantees the "right to bear arms". Not a privilege to bear arms. You can lose your rights because of criminal activities.

Answer 2

There is no such thing as a right/privilege dichotomy in law. There may be some rhetorical significance, but this idea has been thrown away many years ago.

For example, people call driving a "privilege," but once you have a license, it can't be taken away from you without due process. (Thus, you have a "right" to a license that can only be removed when the government proves that you have forfietted it.) You have a "right" to vote, but that's suspended (and in some states, revoked) once you have been convicted of a felony. We think of "rights" as "unalienable" (meaning things you can't sell or give away), but all the time we "waive" our rights (to due process, to a trial by jury, to vote, etc).

The only dichotomy that exists is between a constitutionally-recognized right (like due process, free speech, privacy) and something that is not constitutionally-recognized. I.e. you have a constitutionally recognized right to travel, but not a constitutionally recognized right to free education.

The Supreme Court has never said that the Second Amendment provides a constitutional right to own firearms. Two circuit courts (in Texas and DC) of appeals have, but of course, even if that right exists, it has to be balanced against other rights and regulations-- which means that Congress could certainly ban felons from owning firearms in commerce (balance of constitutional right vs. safety) and could restrict how firearms are maufactured, sold, and licensed (just like governments can restrict when and how people speak with "time, place, and manner" restrictions).

So, no, your "right" v "privilege" discussion doesn't help with any issues dealing with firearms.

Answer 3

The Founders believe rights were inalienable. That means you are born with them and retain them except when you grossly violate certain absolute moral standards. The whole idea of limiting government power was based in the belief (and plenty of evidence) that governments tend to usurp individual rights as they grow more powerful. The Second Amendment of the US Constitution clearly declares that INDIVIDUALS have a right to bear arms. Those rights can be taken from INDIVIDUALS who use or misuse this right but the right exists to each and every one of us.

Leftists who fear guns and individual power would have us believe that gun ownership is a privilege not a right. For every lunatic who shoots up a college or school or office, there are tens of thousands of Americans who own and use guns their entire life without firing it at another person in anger or even self-defense.

Answer 4

Read the Constitution.
First, Second Amendment says it is a right.
Second, the Constitution clearly states what powers the people provided the government with. The government specifically does NOT give people "rights" OR "privileges" - it's the other way around. The PEOPLE allow government to exercise certain powers. - BUT - any powers NOT given to the government in the Constitution are NOT given to the government. Period. A concept that was lost when the Supreme Court began finding "penumbras" of "rights"

Answer 5

Perhaps, but no one will revoke MY privilege to own a Gun, to do so will lead this country into a Civil War.

You read the bumper stickers before, you can have my Gun when you pry it from my cold dead fingers.

That position is held by thousands upon thousands of legal gun owners in this country, just try and take them away, what is taking place in Baghdad will pale in comparison

Answer 6

First off, it is privilege, secondly, no, they are not closely aligned. A right is inalienable, intrinsic, meaning everyone has the same right, such as the right of life, liberty and the pursuit of happiness in the U.S.

A privilege is something that is earned, not given, and can be taken away if certain conditions are not met, such as a person's freedom being taken away if they commit a crime.

Answer 7

wrong. rights are earned. privilege is gifted.

right:
1. correct,
2. proper or
3. good.

privilege:
1. restricted right or benefit: an advantage, right, or benefit that is not available to everyone
2. rights and advantages enjoyed by elite: the rights and advantages enjoyed by a relatively small group of people, usually as a result of wealth or social status

taking your example of the 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." the constitution does not give you the right or the privilege to keep arms. notice the wording, "the right of the people... ." the people already have the natural right to defense. natural law supercedes man's law, and defense of life and limb and of home is paramount.

because of this man has earned the right to armed self defense. not something given, rather man took it upon himself to earn the right. how? simple, by taking up arms against any that might attempt to force their will upon him. earned by force of arms. certainly not given.

it is the duty of americans to insure against tyranny by force of arms. dark forces would take over our government if at all possible. todays world shows that to be true. when "they" get to the point of closing all the borders and turning their guns inward, you will see democracy in action; there are still people in america who believe in liberty.

Answer 8

No, your rights can be rescinded. They are given to you without having to earn them, but some may be taken if abused. A privledge on the other hand usually has to be earned first.