blog

What Are My Second Amendment Rights, and Are They Limited by State?

You know that your Second Amendment rights are under attack, but are you sure exactly what those rights entail?

Many people have heard the term “Second Amendment Rights” on social media or in the news, and understand that it covers your right to bear arms. However, the details of exactly which rights are guaranteed by this historical amendment are often lost in translation.

Here is why the Second Amendment to the Constitution is an incredibly important one for gun owners and advocates alike.

A Fine Line

Anti-gun lobbyists frame the conversation that the Second Amendment was always meant to be regulated. In fact, it specifically notes that this right cannot be infringed. The Second Amendment is actually quite simple, and reads:

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.

This sounds pretty straightforward, right? However, when you break this down, this statement has already been subject to a fair amount of interpretation throughout the years.

It was only in 2008 that the United States Supreme Court finally affirmed the right of an individual to keep a weapon at home for the purpose of defending themselves. Until this time, that question had been quite suspect at the federal level.

Various states have attempted to interpret the “original intent” of the framers of the Constitution, but the reality is that an apartment in a crime-ridden big city is a radically different environment than what which was faced by the individuals who signed this Amendment into law.

Straightforward Solutions

When the Framers were crafting the Constitution, it is thought that James Madison included the Second Amendment to protect individuals in his home state from rioting by slaves or others who would undermine the slave trade system. At that time, the militia was widely utilized to keep order, hence the inclusion of militia in the controversial line.

Soon after, the government even passed a law that required individuals to own a gun — quite a far cry from the anti-gun rhetoric that you will find throughout the news today. Several times over the years, the Second Amendment was taken to court and has always narrowly been defended by conservatives who feel that it is important to protect their right to bear arms.

While state and local government may place restrictions on the requirements for owning or purchasing a firearm, ultimately the ability to do so is granted within the Second Amendment of the Constitution. No mere state law could override the Second Amendment completely, but there are restrictions that can be placed at a state level.

Recent legislation has been introduced that would make some needed changes — stopping states from becoming more restrictive than the federal government. For now, the right to keep and bear arms is safe and sacred. It’s the work of all individuals to ensure that it stays that way.

~ Firearm Daily

Leave a Reply

Your email address will not be published. Required fields are marked *