Who really has the right to bear arms?

Question

Most people seem to love this amendment but who really should be allowed or have the right to own/ have a gun? Everyone seems to think they have the right even murderers just because of this amendment

Answer 1

US Citizens who voluntarily choose to be ruled by the US Government and who live by the full responsibilities of the right to bear arms.
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Update: The U.S. Constitution (Bill of Rights) governs the Right to Bear Arms both federally and locally (including State level governments). The only Powers States have are those not mentioned in the U.S. Constitution as Federal Powers. Since the Right to Bear Arms is codified in the U.S. Constitution, no State can restrict the Right to Bear Arms to a greater extent than the Federal Government can. States can restrict less, however, at their peril. But, a liberal reading of the U.S. Constitution would find that the Federal Government restricts Arms rights not-at-all; therefore, States can restrict Arms rights not-at-all.

Answer 2

The 2nd amendment states "The right of the PEOPLE to keep and bear arms shall not be infringed." The Constitution always uses the term 'the people' to refer to individual citizens. That said, loss of certain rights is the ONLY form of true punishment for crimes. Barring gun ownership for life as punishment for violent crimes, particularly those in which a gun was used, doe not violate the 2nd amendment. I do believe this should be determined on a case by case basis, not as a general rule.

Studies have shown that ex-felons routinely request pardons for the express purpose of being allowed to own a gun for self defense. This is compared to almost none listing regaining voting rights as a reason.

Edit in response to coragryph: Court interpretations aside, the ONLY reasonable interpretation of the ACTUAL LANGUAGE is that the second amendment protects INDIVIDUAL rights. As previously stated, in the Constitution, 'the people' ALWAYS means individuals. State governments are referred to as 'any state', 'the several states', etc. Note the word STATE is always used. The Federal government is always refered to as the United States. Also consider the Bill of rights as a whole. It protects individual right FROM the government. The 4th amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... Would you argue that is a 'collective' right and not an individual right? I doubt anyone would. From a purely practical standpoint, the rights of the government do not need legal protection. Any LAW limiting the government can be repealed by the government.

Answer 3

As per the US Supreme Court, the 2nd Amendment only protects against federal gun control laws, not state regulation.

Also, under most current federal appellate court interpretation (except the 5th Circuit and DC Circuit), right to bear arms is considered a collective right -- meaning that the right is held on behalf of the state -- it is not an individual right.

Personally, I think the rules should be very simple -- anyone who wants to own a gun must prove competence, just like getting a driver's license. Other than that, as long as you don't actually hurt anyone or damage property, it shouldn't be any of the govt's business. But that's what I think the law should be, not what the law currently is.

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EDIT to StevenF -- you're arguing what you think the law should be. That's fine. But currently, all federal circuits except the 5th and DC follow the collective rights interpretation. That's what the law currently is -- and even if those holdings are irrational, that doesn't change what the law is.

Answer 4

Those who actually read history (and unfortunately that is very few) can easily see that the amendments in the Bill of Rights arose from problems that the colonists experienced with the British. So since the British closed newspapers that opposed the king, the Bill of Rights guaranteed freedom of the press. Similarly, since the British disbanded colonial militias, the Bill of Rights protected the right of the states to maintain militias. That is the actual meaning of the second amendment.

Answer 5

imho, 'the people' as referred to in the Amendment means the same as 'the people' who ordained this Constitution -- which is to say, only citizens, members of the military, and permanent residents.

persons who are not adults and persons whose civil rights have been judicially terminated [felons, in my state] do not have this same right to bear arms.

and no foreigners have this right here in America. They aren't included in the definition of 'the people'.


of course, maybe the courts don't agree. I'm ok with being a minority of one.


:-)

Answer 6

There are no limits in the amendment. I am in favor of anyone, except convicted felons and insane people, being allowed to carry concealed weapons.

Answer 7

No one has the right to bear arms. I cannot legally own a tank or a nuclear warhead. I can legally own a 10 Gage double pipe which is my weapon of choice.

Answer 8

all law abiding citizens except my ex mother in law

Answer 9

everyone unless you misuse the right.