Daily Archives: May 8, 2014

A Guide to the Second AmendmentThe Second Amendment, or Amendment II, of the United States Constitution is the amendment and the section of the Bill of Rights that says that people have the right to keep and bear arms. The Second Amendment was adopted into the United States Constitution on December 15, 1791, along with the other amendments in the Bill of Rights. The Second Amendment and the Bill of Rights were introduced into the United States Constitution by James Madison.The Text of the Second AmendmentThere are two important versions of the text found in the Second Amendment, but the only differences are due to punctuation and capitalization. The text of the Second Amendment which is found in the United States Constitution and the Bill of Rights is the following:" 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."What Does the Second Amendment Mean?The Second Amendment is only a sentence long. However, there are some very important phrases that need to be carefully looked at. Here are some explanations for key phrases in the Second Amendment. Militia: During early American history, all males who were between the ages of sixteen to sixty were required to be a part of the local militia in their towns and communities.Almost everyone during this time used and owned guns.The few men who did not use or own a gun were required by law to pay a small fee instead of participating in the military services of their communities.These militias defended the communities against Indian raids and revolved, acted as a police force when it was needed, and was also available to be called upon to defense either the State or of the United States of America if it was needed.Bear arms: When the Second Amendment was written, arms meant weapons. The word arms did not necessarily only mean guns, but it definitely included guns. The Second Amendment did not specifically explain what categories or types of arms nor did it list what weapons were considered arms. When you bear arms, this means you physically carry weapon. You may have arms in your home as well as on your person.Shall not be infringed:The Second Amendment does not grant any right to bear arms. Furthermore, the rest of the Bill of Rights does not describe any right to do so. These rights are thought of as natural rights or God-given rights.In the Bill of Rights, the Second Amendment is just a reminder to the government that they should not try to stop people from having this right.

A Guide to the Second Amendment

The Second Amendment, or Amendment II, of the United States Constitution is the amendment and the section of the Bill of Rights that says that people have the right to keep and bear arms. The Second Amendment was adopted into the United States Constitution on December 15, 1791, along with the other amendments in the Bill of Rights. The Second Amendment and the Bill of Rights were introduced into the United States Constitution by James Madison.

The Text of the Second Amendment

There are two important versions of the text found in the Second Amendment, but the only differences are due to punctuation and capitalization. The text of the Second Amendment which is found in the United States Constitution and the Bill of Rights is the following:

" 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."

What Does the Second Amendment Mean?

The Second Amendment is only a sentence long. However, there are some very important phrases that need to be carefully looked at. Here are some explanations for key phrases in the Second Amendment.

Militia: During early American history, all males who were between the ages of sixteen to sixty were required to be a part of the local militia in their towns and communities. Almost everyone during this time used and owned guns. The few men who did not use or own a gun were required by law to pay a small fee instead of participating in the military services of their communities. These militias defended the communities against Indian raids and revolved, acted as a police force when it was needed, and was also available to be called upon to defense either the State or of the United States of America if it was needed.

Bear arms: When the Second Amendment was written, arms meant weapons. The word arms did not necessarily only mean guns, but it definitely included guns. The Second Amendment did not specifically explain what categories or types of arms nor did it list what weapons were considered arms. When you bear arms, this means you physically carry weapon. You may have arms in your home as well as on your person.

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Second Amendment - Laws

Originally published May 7, 2014 at 7:05 PM | Page modified May 8, 2014 at 12:02 AM

History, politics and law are all tangled up in contemporary court interpretations and public understanding of the Second Amendment, and politics is the greater part of the mix these days.

Last week, I wrote that weve so misread the amendment that maybe we ought to get rid of it. Thats certainly not on the horizon, but the idea drew a strong response and suggested to me that a review of the amendments history might be helpful. (Some of the responses also reinforced my belief there are many people who should not be allowed anywhere near a gun. What does racist name calling have to do with gun rights anyway?)

One theme that ran through comments supportive of unrestricted gun-ownership rights was that it is necessary for individuals to own guns to protect themselves against both crime and the U.S. government, and that the framers of the Constitution intended for the amendment to protect that individual right.

Thats a new way of reading the amendment.

I heard from Michael Schein, an attorney who handles appeals and who taught American legal history for 15 years at the University of Puget Sound and Seattle University.

Dont blame the framers, he wrote. For 217 years, the law under the 2nd Amendment was that it only protected possession or use of a firearm by well-regulated militia forces. ... It contained no right of personal self-defense until 2008, when the Supreme Court in a 5-4 vote brought that interpretation to its ruling in District of Columbia v. Heller, which limited the Districts gun-regulation law.

Wednesday I called Schein, and we talked about the amendments history and current interpretation. Its heavily politicized and wrapped up in peoples emotions, so its difficult to get to the facts underlying it in any objective way, he said.

The Constitution was written to create a more effective federal government, but some people worried the government would trample on the rights of states and individuals. The Bill of Rights was intended to mollify them and make ratification of the Constitution possible. Some were particularly concerned that the federal government would form a standing army, and they wanted assurances that state militias would be in a position to fight against such an army if it came to that.

James Madison was tasked with drafting the amendments. Some of the states had asked for a personal right in one amendment, but he didnt include that. Instead he used a version of Virginia law that dealt with militias.

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Second Amendment in real time boils down to politics