The Second Amendment of the United States Constitution states that, “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” (U. S. Const. Am. 2). This amendment guarantees American citizens the right to have firearms. Since this amendment is very indistinct, it has remained a matter of debate and discussion in the United States. Many people are asking whether every citizen should have the right to possess a gun?
There are many advocates of gun control people who wish to have strict laws to prevent certain groups of people from buying a gun. And there’s also those who disagree with gun control laws, and feel there should be a more tolerant gun control to moreover help people defend themselves during dangerous events or situations. In the past decade, gun control is now one of the main political issues everyone is now talking about because of all the shooting occurring in the United States.
Nevertheless, gun laws in Texas have changed and starting August 2016, students/faculty and staff will be allowed to carry concealed guns on college campuses legally. However, many people don’t feel safe with this new law because of all the incidents a firearm can cause in campuses all over Texas. Although the Second Amendment prevents the federal government from utterly banning guns in America, there should be a limited restriction allowed on the distribution and possession of the firearms citizens are purchasing in order to have a safe environment in public colleges and in the United States.
The Second Amendment was established as a civic obligation for Americans to be armed and most importantly to be ready to fight back against any threats against the United States like the European arrivals and the hostile Indians and rival of European powers. Citizens wanted to protect their community from civil unrest. The Founding Fathers established the second amendment to give all citizens civic rights that guaranteed citizens the right to keep and bear arms needed to meet their legal obligation to protect and serve their community, state and nation (Cornell, p. ).
A well-regulated militia is became known for, people were allowed to keep and carry guns for a long period of time for the benefit of protecting the wellbeing of the nation. Shay’s Rebellion was a rebellion among farmers in Massachusetts that began in 1786. The rebellion is important part of the militia debate because it tested the state governments’ power on gun control, that showed American’s intention of standing up against the government as a form of constitutional resistance to be heard.
This rebellion was led by Daniel Shay, who was a former captain in the Continental army. He led a violent uprising against debt collection in Massachusetts. It was a series of protests by American farmers against state and local enforcement of tax collections and judgements for debt. According to American History USA, during this rebellion debtor were being imprisoned and many farmers couldn’t afford to pay their debt so as a result, their possessions were auctioned off to make up the difference (Par. 18).
This rebellion had high influence on public opinion. Shays’ Rebellion figured prominently in the debates over the framing and ratification of the government as well as the Constitution. In addition, the rebellion prominence the predicament in how to deal with gun control and a standing army in America, which was not resolve in the correct way. The differences between the Federalist and Antifederalist are many and at time it can be very complex. Federalist and Antifederalist stand on different perspective.
Anti-federalists did not like the idea of a standing army in time of peace. They believed in state’s right and shield towards the long-established idea of the militia. ‘Right to bear arms’ and militias is something that the Anti-federalist believed in for several reasons: because they believed that the citizens should be active, and they should have the right to bear arms to defend themselves and America. Unless citizens were committing unappropriated crimes in the nation then, the law can be forbidden for those who didn’t obey.
Unlike the Anti-federalist, Federalist wanted a strong national standing army and hoped that by guaranteeing the state militias they could overcome popular objection (Max, Steve). Furthermore, Federalist did not support the right to bear arms and believe in a strong federal government that would regulate gun control and the militia (Cornell, p. 47). While there has been may arguments and interpretation directed towards the Second Amendment, this ongoing debate between the Anti-federalist and Federalist plays an essential role in the Bills of Rights.
The gun culture changes in the United States in the the early decades of the 19th century with the conquer of the Federalists. There was a profound shift in the character of firearms regulation occurred in response to widespread fears that handgun and other weapons that posed a serious threat to social stability in the early 19th century. In the early 19th century the gun control also changes in the election of Thomas Jefferson when the power shits towards Anti-federalist’s.
The Antifederalist and the Jeffersonian heirs came to interpret the Second Amendment with an evolving theory of state’s right. Throughout the Jeffersonian era one of the Jefferson’s Antifederalist Charles Austin is murdered by federalist Thomas Selfridge. (Cornell, p. 113). The murder of this Anti-federalist brought many questions and thoughts of the Second Amendment, which made the conclusion of murder and selfdefense very tough to the judge because of the situation.
During this time there was also a lot of violence going on because of the social unrest that was cause after the War of 1812. Many citizens live with fear and as a result, the first gun control movement was established because of the violence that was occurring in the nation. The gun control movement helped people recognize and reflect the right of self-defense. The first gun control movement that was passed was in Kentucky, this curbed the practice of carrying concealed weapon in in 1813, and in the same year Louisiana also passed an act banning concealed weapons (Cornell, p. 38).
Many citizens were not satisfied that the government was contravening with their rights and many of these citizens in several states began to make their own individual constitution in order to support their citizens’ rights to bear arms (Cornell, p. 141). The first gun contr movement in Kentucky advocated the first real court challenge to the new gun control laws. The individual rights explanation of the Second Amendment first appears in Bliss V. Commonwealth, which evaluated the right to bear arms in defense of the individual.
The thirteen amendment of the U. S Constitution abolished slavery and freedom. However, during the early 19th century their legal status was never equal or fair with white Americans. The Second Amendment in the Constitution guarantees every citizen in the United States the right to bear arms. Although many African Africans got their freedom, they still didn’t get the same certain rights and privileges as many white citizens in the United States. This is when the slavery and abolition became a part of the gun control debate as Africans Americans started to win some independence.
The discrimination against African Americans was one of the reasons of the establishment for the Civil Right Act of 1866, this act declared that all persons in the United States were citizens in the United States and as a result, they have the right of, “benefit of all laws and proceeding for the security of the person and the property” (Cornell, p. 168). Another impact in African American’s right during the early 19th century was the fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States.
Throughout the 19th century, slavery and abolition contribute to the ongoing gun control debate because new laws and amendments were being established due to African American’s right and privileges to have the same rights as other citizens. The contentious topics in politics are gun laws. In Texas, open carry is officially legal and campus carry goes into effect starting August 1. This new law was influence by the Second Amendment and the ongoing debate in the gun culture. Many people will feel safer with this law due to all the tragedy that has recently occur in the United State.
This people have fought to gain the right to carry concealed gun to protect themselves against any threat against their life and other innocent people. However, many people also will fear with the new gun law passed in Texas because a complete stranger can be carrying a gun on campus. The Second Amendment has effected Americans today, by preventing the federal government from banning private ownership of firearms by legal citizens. In addition, it provides a balance against the power of the central government seize absolute control by force of arms.
