Today we are looking at the second amendment and its protections.
Today we are looking at the second amendment and its protections. (1:05) The Court hasn’t often addressed the issue, but did in a case in 2008. The case clearly reaffirmed an individual’s right to bear arms. (1:35) That being said, states still have the right to place limits on this right. (3:20)
Today’s question of the day is (4:16): Can an assault weapon purchased legally in PA come with the owner if that person moves across the state line to New Jersey?
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Hi and welcome to the APsolute Recap: US Government Edition. Today’s episode will recap The Second Amendment
Lets Zoom out:
Unit 3- Civil Liberties and Civil Rights
Topics 3.5-3.6
Big idea - Liberty and Order
In our society, the rights and protections offered by the Second Amendment are both cherished and highly contested. On the one hand you have those who fiercely argue for their right to hunt and protect their households, and on the other you have people pointing to the increase of mass shootings who argue that there need to be stronger limitations on the idea offered by the right to bear arms.
Lets Zoom in:
The need to balance individual rights and the power to regulate law and order is perhaps best reflected in the debates surrounding the second amendment, which give Americans the right to bear arms. The National Rifle Association has spent millions of dollars in an effort to prevent any restrictions on guns, arguing that it violates the second amendment. The Supreme Court hasn’t dealt with the issue often and when it has, it tends to favor the argument of protecting an individual right specifically mentioned in the Constitution. However, the Supreme Court was forced to address the issue in 2008.
The case before the court, District of Columbia v. Heller dealt with a law in Washington DC that put restrictions on owning a handgun, except for those registered prior to 1975 and for law enforcement officers both active and retired. It also required the legal firearms to be unloaded and either disassembled or have a trigger locking mechanism. The Supreme Court ruled that both of these are unconstitutional as they make it essentially impossible for an individual to have the right to self-defense as promised in the second amendment.
It is also worth noting that there are those who argue that the second amendment was never meant to apply to individuals’ preference to own guns, rather that they had a duty to own one in order to serve in their state’s militia. Despite these rulings in favor of second amendment rights, it is also noted that states and localities have the right to limit the types of guns,purchasing procedures, hunting ages, and ability to carry concealed under the concept of federalism.
To recap……
The second amendment, although controversial in public opinion, has been repeatedly protected by the Court. The Constitutional right to bear arms is clearly stated and any attempts to fully ban all individuals from being able to possess a firearm for the purpose of self defense has been deemed unconstitutional.
Coming up next on the Apsolute RecAP US Government Edition: Selective Incorporation
Today’s Question of the day is about firearms crossing state lines
Question: Can an assault weapon purchased legally in PA come with the owner if that person moves across the state line to New Jersey?