Right to Bear Arms

Our Constitutional Rights:

Americans Have the Right to Keep and Bear Arms

Our rights as Americans started to take shape when the Constitution of the United States was drawn up by the delegates at the Constitutional Convention in Philadelphia. Three years later, a very important part of American history called the Bill of Rights was added. The Bill of Rights is looked upon and interpreted every day. It gives the citizens of the United States many of the rights and freedoms that we value today, and some of those are in jeopardy. One right that is at stake is our right to bear arms, which is addressed in the Second Amendment. The Second Amendment is a highly debatable topic, and many legal scholars and the Supreme Court have yet to resolve the issues and controversy dealing with the Amendment. Until a decision can be made, the law will remain as it is currently interpreted. The citizens of the United States of America have the right to keep and bear arms.

The controversy about the Second Amendment is derived from how it is worded (Jordan). The debate about the wording can be broken into two different arguments. To understand the arguments it is important to know how the Amendment is worded. The Second Amendment states, “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 (qtd. in Anastaplo 61).” The first argument is that some people view the Second Amendment as two separate rights. The right of the people to keep and bear arms can be interpreted with the idea that each individual has the right to keep and bear arms; whereas, it could be a collective right giving just the members of the Militia the right to have guns (Gold). It is believed that the original meaning of the right to bear arms and the militia in the same Amendment was because in the early times of America the citizens needed weapons to guarantee their freedom and prevent the government from forming a dictatorship (Edel xi). The second debate is that the Amendment is one statement, therefore meaning that the militia has the right to bear arms. The problem of understanding the meaning of the Second Amendment has been brought before many courts all across America and has been ruled upon in different ways at different times. However, the Supreme Court has never declared it illegal to own guns.

Over the years, the government has tried to deal with the interpretation problem of the Second Amendment by creating laws that deal with the ownership of guns. Several states have added “right to carry” laws, while others have made it illegal to possess a concealed weapon (Smith 22). Most of the additional laws deal with the ownership and use of handguns and assault-type weapons. There has been much debate and government lobbying dealing with the passing of gun laws. Many people think the government is focusing too much on the laws about guns, because 90 percent of all violent crime in the United States does not involve any type of firearm (Smith 17). Other countries around the world have also set examples by having gun laws. Guns are banned in the United Kingdom, and the crime rate has risen since that time (Smith 24). Also, within the United States, the crime rate in the states is lower if the states have “right to carry” laws (Smith 22). The other major problem with gun laws in the United States is that they are simply not being enforced (Smith 15). These facts and others involving the positive uses of guns are argued in court rooms and government offices around the country every day. As government officials study the facts and make laws, they continue to maintain the people’s right to bear arms.

When thinking about the people’s right to bear arms, it is appropriate to know that not all stories about guns are bad. Guns are not always used for violence, and the government seems to be keeping this fact in mind. Positive stories about people having their lives saved by guns seem to surface every day. Organizations, such as the National Rifle Association and websites like Keep and Bear Arms, have stories similar to this posted on their websites. There have been many studies done in order to show how people use guns as protection. In one particular study, it was shown that guns are used 65 times more often to prevent a crime than they are used to commit a crime (Smith 16). It is also reported that private guns were used 2.5 million times a year, or 6,849 times per day, to prevent a crime (Smith 9). This being said, a survey was conducted, and 60 percent of the felons surveyed said they actually avoided committing a crime if they knew the victim was armed. If they just thought the victim was armed, the crime was still avoided 40 percent of the time (Smith 17). After reviewing the positive facts and knowing that 92.7 percent