The Court ruled that the Second Amendment to the U. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right.
Text[ edit ] There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, and various published transcriptions. The hand-written copy of the proposed Bill of Rights,cropped to show only the text that would later be edited and ratified as the Second Amendment The amendment was ratified by the States and authenticated by Secretary of State Thomas Jefferson as: Pre-Constitution background[ edit ] Influence of the English Bill of Rights of [ edit ] The right to bear arms in English history is regarded in English law as a subordinate auxiliary right of the primary rights to personal security, personal liberty, and private property.
According to Sir William Blackstone"The Which is … declared by … statute, and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.
One of the issues the Bill resolved was the authority of the King to disarm his subjects, after James II had attempted to disarm many Protestants, and had argued with Parliament over his desire to maintain a standing or permanent army.
Hellerthe Supreme Court did not accept this view, remarking that the English right at the time of the passing of the English Bill of Rights was "clearly an individual right, having nothing whatsoever to do with service in the militia" and Gun control and the second amendment it was a right not to be disarmed by the Crown and was not the granting of a new right to have arms.
The statement in the English Bill of Rights concerning the right to bear arms is often quoted only in the passage where it is written as above and not in its full context. In its full context it is clear that the bill was asserting the right of Protestant citizens not to be disarmed by the King without the consent of Parliament and was merely restoring rights to Protestants that the previous King briefly and unlawfully had removed.
In its full context it reads: Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome list of grievances including That the Subjects which are Protestants may have Arms for their Defence suitable to their Conditions and as allowed by Law.
While it did not override earlier restrictions on the ownership of guns for hunting, it is subject to the parliamentary right to implicitly or explicitly repeal earlier enactments.
Mark Thompson wrote that, apart from determining the succession, the English Bill of Rights did "little more than set forth certain points of existing laws and simply secured to Englishmen the rights of which they were already posessed [ sic ]. Which is also declared by the same statute 1 W.
Some in the United States have preferred the "rights" argument arguing that the English Bill of Rights had granted a right. The need to have arms for self-defence was not really in question.
Peoples all around the world since time immemorial had armed themselves for the protection of themselves and others, and as organized nations began to appear these arrangements had been extended to the protection of the state.
Constitution[ edit ] Ideals that helped to inspire the Second Amendment in part are symbolized by the minutemen. Some of these purposes were explicitly mentioned in early state constitutions; for example, the Pennsylvania Constitution of asserted that, "the people have a right to bear arms for the defence of themselves and the state.
As defiance and opposition to British rule developed, a distrust of these Loyalists in the militia became widespread among the colonists, known as Patriotswho favored independence from British rule.
As a result, some Patriots created their own militias that excluded the Loyalists and then sought to stock independent armories for their militias. In response to this arms build up, the British Parliament established an embargo of firearms, parts and ammunition against the American colonies.
Instances of the licentious and outrageous behavior of the military conservators of the peace still multiply upon us, some of which are of such nature, and have been carried to such lengths, as must serve fully to evince that a late vote of this town, calling upon its inhabitants to provide themselves with arms for their defense, was a measure as prudent as it was legal: It is a natural right which the people have reserved to themselves, confirmed by the Bill of Rights, to keep arms for their own defence; and as Mr.
Blackstone observes, it is to be made use of when the sanctions of society and law are found insufficient to restrain the violence of oppression.
In opposition, the British forces consisted of a mixture of the standing British ArmyLoyalist militia and Hessian mercenaries. Federalists argued that this government had an unworkable division of power between Congress and the states, which caused military weakness, as the standing army was reduced to as few as 80 men.
Subsequently, the Constitutional Convention proposed in to grant Congress exclusive power to raise and support a standing army and navy of unlimited size. McAffee and Michael J. Quinlan have stated that James Madison "did not invent the right to keep and bear arms when he drafted the Second Amendment; the right was pre-existing at both common law and in the early state constitutions.
Blackstone in his Commentaries alluded to this right to rebel as the natural right of resistance and self preservation, to be used only as a last resort, exercisable when "the sanctions of society and laws are found insufficient to restrain the violence of oppression".Second Amendment & Gun Control.
The latest news coverage, opinion and information on Second Amendment rights and gun control. Oct 08, · References to the sanctity of the Second Amendment are practically inescapable whenever Americans today try to discuss gun regulation. If the opponents of gun control are to be believed, the issue.
This Law Library of Congress report analyzes the ramifications of the right to gun ownership regulated in the Second Amendment to the Constitution, in light of the U.S. Supreme Court's decision in the case of District of Columbia v. Heller of , including bibliography relevant on the subject.
Why Conservatives Support the Second Amendment and Oppose Gun Control. Double Jeopardy and Supreme Court - Cases and Rulings Over the Years.
The History of Gun Rights in America: A Timeline of the 2nd Amendment. The Top 3 Arguments for Gun Control. Andrew Yang's Policy on the Second Amendment: Responsible gun owners should enjoy the right to bear arms, subject to licensing and education requirements.
Just as we require people to pass a test to drive a car, we should require people to pass a test to own a gun. The Second Amendment Is a Gun-Control Amendment. By Adam Gopnik. October 2, Participants consoling each other during a candlelight vigil for the nine people who were killed in a shooting at.