Brady Blackner
November, 30, 2010
Communications 215
Instructor: Barbara Lach-Smith
The American Civilian and the Right to Bear Arms
In the Bill of Rights, under the Second Amendment, it states “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” (Government Printing Office, 1996, p. 1193). This amendment is often referred to as “The right to bear arms.” Many people believe citizens should not have easy access to firearms. These people believe, easy access to firearms will result in more violent crime. The right to bear arms, has even been argued to pertain to militias only and not to the average American citizen. The right to bear arms pertains to the American citizen, and a well-educated and armed public will create a safer society. With this in mind the right we as Americans should stand by and protect.
A Right or a Privilege Recent court cases, District of Columbia v Heller (2008) Supreme Court and Parker v District of Columbia (2007), Court of Appeals, argue the Constitutional right of Americans to own and keep firearms in their homes. In the cases listed above, the Supreme Court ruled Heller and Parker had the right to own firearms and keep them in their homes (Mount, 1995-2010). The Second Amendment of the Bill of Rights gives Americans the right to bear arms. The Supreme Court has ruled the right to bear arms, as stated in the second amendment, pertains to the individual and not to a militia (Mount, 1995-2010).The right to bear arms should be viewed as a privilege. There circumstances in which one can and should lose their right to bear arms. Two circumstances of where a person can and should lose his or her right to bear arms are: * When an individual is convicted of a felony * When an individual is convicted of a domestic violence crime. When either of the two events
References: Government Printing Office. (November 1, 1996 ). The Constitution of the United States of America. Retrieved from http://www.gpoaccess.gov/constitution/html/amdt2.html Levy, R. A. (2009). Gun Owners Next Victory in D.C.. CATO Institute. Retrieved from http://www.cato.org/pub_display.php?pub_id=10504&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CatoRecentOpeds+(Cato+Recent+Op-eds) Loomis, B. (2010). Concealed guns for (almost) everyone. Salt Lake Tribune. Retrieved from http://www.sltrib.com/sltrib/home/49849261-76/permit-gun-utah-concealed.html.csp Lott, John R. Jr.(1999), American Experiment Quarterly: More Guns, Less Crime http://www.americanexperiment.org/uploaded/files/aeqv2n2lott.pdf Mount, S. (2010). Constitutional Topic: The Second Amendment. Retrieved from http://www.usconstitution.net/consttop_2nd.html Utah State Legislature. (2003). Utah Code. Retrieved from http://le.utah.gov/~code/TITLE76/htm/76_10_050300.htm