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Big Issue of the Second Amendment

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Americans always say, “Guns don’t kill people, people kill people.” In today’s society gun control is a topic that both parties Democrats and Republicans have trouble coming up with a solution to. Many citizens say that stricter gun control legislation is against the Second Amendment. The Second Amendment protects us from firearms; some individuals abuse this right. Americans believe it is a danger to society and others believe it is taking away our freedom. People can access a firearm easy these days without having a background and mental health check. It is very nerve wrecking because you never know who is purchasing the gun and what they are going to use it for. In the past two decades there have been over two hundred mass shootings in the U.S.

On June 24, 2018 Rene Isadore was shot and killed by her cousin at P.F. Chang’s Restaurant. He shot her in the back as she is getting into her car and later he shoots himself. Her cousin was mentally unstable; Rene was helping him out by getting the help that he needs. She wanted him to take his medicine and get better, but he refused. Her husband Edward Isadore is an Orland Park police officer and he found his wife at the scene of the crime. As a husband getting called to the crime scene and seeing your wife’s body on the ground is an image that no one can get out of their head. Rene had a restraining order against him and he did not follow it. Rene was a good friend of my mother; they both worked together as nurses at Advocate Christ Hospital. She was devastated to hear about this news. (Nolan).

On November 19, 2018, a shooting took place at Mercy Hospital in Chicago, Illinois. A doctor, Tamara O’Neal was killed by her ex-fiancé. He walked into the hospital and began shooting innocent bystanders. She was shot six times and three other victims have died as well as the gunman. One of the victims of the shooting was a police officer. Juan Lopez had a valid FOID card and a concealed carry gun permit. Five years prior to the shooting he purchased four weapons. According to McMillian (2018) “Lopez was jealous, and he went on a shooting rampage because she called of the engagement.” Prior to the Mercy Hospital shooting Lopez had threated to shoot up the Chicago Fire Academy. He has had a history of violence and threatening with a gun. His previous wife had an order of protection against him for threats and harassment; each time he has refused. Over two million Americans suffer with mental illness in the U.S. Individuals who suffer from mental illness are not able to make good decisions in their lives. They are impulsive and many refuse to get the help that they need. Mental illness is one cause of gun violence in the U.S. (McMillian)

The Second Amendment is one of the most basic arrangements of the Bill of Rights, and one of the most wildly discussed. Since it was first put on paper, gun owners and anti-gun activists have occupied with an interminable conversation over the importance and extent of the Second Amendment, and for a large portion of that time, gun owners have been on the losing side of the contention. In June of 2008, the majority decision of the case of D.C. v. Heller was declared by the Supreme Court that the Second Amendment does protect and individuals right to gun ownership. According to Jacobs (2017), “Their decision could not be used to overthrow laws preventing felons and the mentally ill from buying firearms; or allowing them to carry into schools or buildings.” Jacobs (2017) stated that “The Court ruled that only weapons like handguns are protected by the Second Amendment and that dangerous or unusual weapons could still be prohibited.” (Jacobs 2017)

In November of 2019 the Supreme Court discussed the case of New York State Rifle and Pistol Association v. City of New York. Nearly a decade since they have heard a case on the Second Amendment. The city of New York City forbids licensed handgun owners from carrying, possessing, or transporting weapons outside of their homes. The New York State Rifle and Pistol Association argues that this restriction violates the Second Amendment; the right to keep and bear arms. District of Columbia v. Heller, case in which the Supreme Court on June 26, 2008, held that the Second Amendment  guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

It was the first Supreme Court case to explore the meaning of the Second Amendment. The district court granted the government’s motion to dismiss. Judge Scalia argued that the clause of the amendment, “the right of the people to keep and bear Arms, shall not be infringed.” The court held that, because the framers understood the right of self-defense to be “ the central component” of the right to keep and bear arms, the Second Amendment implicitly protects the right “to use arms in defense of hearth and home.” Justice Stevens asserted the court’s decision “fails to identify any new evidence supporting the view that the Amendment was intended to limit the power of Congress to regulate civilian uses of weapons.” (Duignan)

The government needs to push harder into getting stricter laws for gun control. They need to make it more difficult; not everyone should be allowed to have one. America is a country where citizens have freedom and opportunities to make a better life for them. All of this gun violence is not making the world a better place for anyone to live in. This is a problem in our country that we need to fix. A gun is not a toy it is a right for people to be in possession of. The government needs to make stricter gun laws since it is easily accessible to criminals and the mentally ill. It will reduce the number of shootings in our country; these shootings are not just in school they are in restaurants, movie theaters and hospitals. Many Americans are afraid to leave their houses because it might be the last time they will come home to their families. Democrats and Republicans make a law implementing safer laws for guns society would be safer.

The Second Amendment was targeted towards militias and does not give all Americans the constitutional right to own a weapon. The Second Amendment gives all citizens the right to possess a firearm; but not everyone should be allowed to have one. (Bladt). Some people abuse that power and take advantage of it. The only people who would possess a firearm would be those are legally able or trained to use one.

Works Cited

  1. Ultius, Inc. (2014, October 26). Why America Needs Stricter Gun Control Laws. Retrieved from Ultius https://www.ultius.com/ultius-blog/entry/why-america-needs-stricter-gun-control-laws.html
  2. Konnikova, M. (2017, June 19). Is There a Link Between Mental Health and Gun Violence? Retrieved from https://www.newyorker.com/science/maria-konnikova/almost-link-mental-health-gun-violence
  3. Nolan, M. (2019, May 22). 2 dead in apparent murder-suicide outside Orland Park P.F. Chang’s, police say. Retrieved from https://www.chicagotribune.com/suburbs/daily-southtown/ct-sta-orland-park-death-investigation-st-0626-story.html
  4. Head, T. (2019, January 12). Gun Control, the Second Amendment and the Supreme Court. Retrieved from https://www.thoughtco.com/second-amendment-supreme-court-cases-721399
  5. Duignan, B. (2019, December 5). District of Columbia v. Heller. Retrieved from https://www.britannica.com/event/District-of-Columbia-v-Heller
  6. Borneman, N. (2019, October 15). We Need Stricter Gun-Control Laws NOW. Retrieved from https://www.theodysseyonline.com/gun-control-laws-now
  7. Bladt, C. (2019, July 2). Should the U.S. implement stricter gun control laws? Retrieved from https://thetylt.com/politics/gun-laws
  8. Jacobs, S. (2019, August 13). The Supreme Court and the Second Amendment: Understanding the Court’s Landmark Decisions. Retrieved from https://libertarianinstitute.org/articles/second-amendment-supreme-court-cases-guide/
  9. Michael Brice-Saddler, M. G. (2018, November 20). Gunman in Mercy Hospital killings targeted his ex-fiancée, an emergency room physician. Retrieved from https://www.washingtonpost.com/nation/2018/11/19/shooter-chicago-hospital-wounds-multiple-people-including-police-officer/

Cite this paper

Big Issue of the Second Amendment. (2021, Oct 30). Retrieved from https://samploon.com/big-issue-of-the-second-amendment/

FAQ

FAQ

What is the central controversy of the Second Amendment?
The central controversy of the Second Amendment is whether or not it protects an individual's right to bear arms.
What is the issue with the 2nd Amendment?
The 2nd Amendment is the main reason that the United States has such high rates of gun violence. It is also the main reason that the US has more guns per capita than any other country in the world.
When did the 2nd Amendment begin to be controversial?
The 2nd Amendment began to be controversial in the late 1800s when states began to pass laws restricting the carrying of concealed weapons.
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