The Right to Bear Arms

Paper Summary:

This paper analyzes the historical background of the Second Amendment of the US Constitution in order to uncover the true intention of its framers. The paper then presents the commonly advanced arguments by opponents and supporters of gun control laws.

Outline:
Historical Background of the Framing of the Second Amendment
Arguments in Favor of the Second Amendment and the Right to Bear Arms
Arguments for Gun Control and a Restrictive Application of 2nd Amendment

From the Paper:

"The Second Amendment to the U.S. Constitution, which declares: "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" is perhaps the most controversial and misunderstood parts of the country's Constitution. The confusing language of the Amendment makes it open to differing interpretations and gives rise to a number of question, including: (a) Whether "the right to keep and bear arms" is a fundamental right that "shall not be infringed" by the States as well as the federal government; and (b) whether the right to bear arms is an individual right of all people or a collective right applicable only to a "well regulated Militia?" Opponents of gun control laws argue that restrictions imposed on keeping guns, whether enforced through state laws or federal laws, are a direct infringement on the fundamental right to bear arms guaranteed in the Constitution. Supporters of gun control, on the other hand, firmly believe that "right to keep and bear arms" referred to in the 2nd Amendment only applied to the militias that had existed in the 18th and 19th centuries whose functions have now been taken over by the police force and the national guards; therefore, the amendment has no relevance to the existing conditions and has become an anachronism."

Sample of Sources Used:

• Altman, A. (2008). "Gun Control Laws in the Cross Hairs." Time Magazine. March 19, 2008. Retrieved on March 21, 2008 from http://www.time.com/time/nation/article/0,8599,1723821,00.html
• Browne, N.A. "The Myth of Nazi Gun Control." Guncite.com. 7/21/2001. Retrieved on March 21, 2008 from http://www.guncite.com/gun_control_gcnazimyth.html
• Cramer, C. E. (1994). For the Defense of Themselves and the State: The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms. Westport, CT: Praeger Publishers.
• Fezell, H.J. (2007). "Your Fundamental Right to Self-defense." Second Amendment.net. Retrieved on March 21, 2008 from http://www.secondamendment.net/2amd10.html
• Sanford Levinson. (1989). "The Embarrassing Second Amendment" Yale Law Journal: 637-659

More papers on The Right to Bear Arms:

• Argumentative Essay # 64450 : "The Right to Bear Arms and the U.S. Constitution"
• Argumentative Essay # 59223 : "The Right to Bear Arms"
• Argumentative Essay # 98172 : "The Right to Bear Arms"
• Argumentative Essay # 112452 : "The Right to Bear Arms and Society"

APA Citation:

MLA Citation: