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Transcript of 2nd Amendment
and the Positive and Negative Aspects of the Second Amendment The Second Amendment's
Protection of the Citizens How? What? Who? Positive Aspects United States vs. Warin Negative Aspects United States vs. Warin Description History History History of the
2nd Amendment Passed in 1791 on December 15, along with the other amendments in the Bill of Rights. It was adopted in a different America than now. At the time, invasions and insurrections were impending threats. Thus, the government allowed citizens to defend themselves for the common good. Based on the Pennsylvania Declaration
Document stated, "the people have a right to bear arms for the defense of themselves and the states."
This states how the main intention for allowing citizens to bear arms was for the protection of the common people only, not as recreational activity Warin was found guilty
Court claimed that Warin deserved no special right to possess such a firearm, regarding that he is in a "sedentary militia"
Court deemed said weapon only necessary for a standing militia
2nd amendment not violated, as he had no right to bear arms, in this scenario, without being a member of a well regulated militia Creates a greater risk for gun related crimes
Gives current law abiding citizens the ability to commit gun related crimes
At the time it was written, only white, land owning males were actually allowed to have guns until civil rights began The 2nd Amendment gives these citizens the right to possess certain firearms
It gives these citizens the right to be in a militia The second amendment gives these citizens the right to protect themselves, with the use of firearms, from other people and from the government if a revolution if necessary
This right to revolt was given to us, as the founding fathers themselves utilized this right to revolt against Great Britian, and they found it necessary to ensure a democracy that would prevail over tyranny Any law abiding American citizen is permitted to possess firearms unless deemed to be incapable by a court of law
It also protects the manufacturers of these weapons "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." Based on Virginia's Declaration of Rights' 13th Right
"That a well-regulated Militia, composed of the body of the people, trained to arms, is the proper natural, and safe defense of a free state; that Standing Armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases, the military should be under strict subordination to, and governed by, the civil power."
This right is the most similar, previous document on gun control to our 2nd amendment, as it creates an army, composed of the people, although standing armies are to be avoided here, unlike our current government Charged with possession of a unregistered automatic rifle
Sixth Circuit Court of Appeals upheld his appeal
Defendant claimed to participate in a "sedentary militia", which therefore allowed him to possess military grade weapons
Also designed this prototype, as an engineer and weapons designer, not for personal use but for military use Certain people cannot possess arms such as:
Unlawful drug users
Anyone with a mental deficiency
Anyone dishonorably discharged from armed forces
Anyone who's renounced their American citizenship
Anyone with certain types of restraining orders
Anyone who's been convicted of a misdemeanor of domestic violence
Allows citizens to possess firearms, with restrictions
Allows citizens to protect themselves Conflicts United States vs. Lewis
Lewis argued that not allowing felons to possess firearms contradicts the 2nd Amendment
Court deems this to be false, that this is still illegal
To possess a firearm, one must overturn the conviction before obtaining a firearm Citations Ferro, Jeffrey. Gun Control: Restricting Rights Protecting . People Detroit: Gale Group, 2001.
Patrick, John J. The Bill of Rights: A History in
. Documents. Oxford: Oxford UP, 2003.
"Lewis v. United States." Constitution.org. N.p., n.d. Web . 08 Jan. 2013.