The Washington Outsider


The Second Amendment: Not Outdated

Some individuals look at the ownership of guns as a blight on society while they also argue the Second Amendment is outdated; however, it is not gun ownership that hurts our society. It is a lack of respect for Law by criminals, who abuse weapons, and overreactions to those crimes, which undermine our legal protections, that cause our society harm. On the other hand, it is certainly not in government's interest to standby while individuals abuse the rights guaranteed by the Constitutional as government is duty bound to protect its citizens by limiting the rights of certain individuals.
The Second Amendment guarantees all American citizens the right to own and bare arms while it forbids Congress from passing any laws that "infringe" upon those rights. The word infringe is very significant here as it indicates that there are rights which cannot be denied to any individual; however, it does not indicate that the Second Amendment guarantees an "absolute" freedom to own and bare arms. Like all other rights guaranteed to the US citizen by the Constitution, these rights have boundaries and are inapplicable under circumstances where our behavior infringes upon the rights of another or endangers the safety and security of our society. This means that our legislators, with our approval, must determine what our rights to own and bare arms exactly are.

Furthermore, the Due Process Clause of the Fourteenth Amendment requires that absolutely none of our rights can be taken away without due process ensuring legislation, which restricts our rights, must be limited to individuals who have undergone prosecution for criminal offenses. Moreover, if the Second Amendment's guarantee, that the people's rights shall not be infringed upon, should somehow be interpreted as only applying to members of a State militia, the broader intent of the Fourteenth Amendment should also protects the individual's right to bare arms. The Bill of Rights focused a great deal on protecting the rights and powers of the State and local governments from the Federal Government while the Fourteenth Amendment expanded those protections to individuals as US citizens.

It is, therefore, reasonable to argue that the rights of the Second Amendment, which may have been guaranteed to the States, must also apply to individuals. Because the Fourteenth Amendment places all citizens and residents of every State under the protection of the Federal Government as U.S. citizens, any right the States may have to provide their residences with the privilege to keep and bare arms for the maintenance of a militia becomes a right to keep and bare arms that must be equally guaranteed and protected by the Federal Constitution for all citizens, which government cannot infringe upon, only regulate.

Even though the Constitution does guarantee the right to possess arms, there are people who would use or are more likely to use a weapon against another person for reasons other than self defense while there are also certain weapons that are far too dangerous to be out in general circulation, so it is imperative that only law abiding citizens have access to these weapons. Therefore, gun registration and permits are a means of preventing those who should not have guns from having them. However, there are arguments that criminals can get guns if they really want to, which is true, but this certainly helps limit the flow of weapons to these people while protecting the greater responsibility of government to uphold the Constitution. Moreover, when police uncover unregistered weapons, they can take them off the streets without taking away the weapons of the law abiding citizens.

Furthermore, laws, which require the proper storage and securing of arms, prevent criminals from obtaining weapons through theft. There are questions as to whether or not gun locks infringe upon the ability of the carrier to readily use the weapon and, thus, bare the arm, but when the weapon is out of the hands of the owner such laws only require the owner to be conscious of where the weapon is and what it is doing. Laws, which require registration, permits, and proper, storage are Constitutional so long as they do not limit the ownership of weapons by those individuals who legally maintain all of their Second Amendment rights.

Moreover, restriction of gun circulation is necessary as there is a public interest in restricting the flow of weapons. One argument that is often used by gun activists is that almost any object can be used as a weapon, which is true, but psychological research has demonstrated that perceived weapons, i.e. guns and knifes, influence the behavior of an individual, such that, it can turn a nonviolent response into a violent one. Essentially, if a gun is available, a person not only has the ability to use a gun, but is more likely to use it to commit a violent act. That point aside, I would like to think a baseball bat is easier to defend against than a pistol or shotgun.

On the other hand, what would make a gun control law unconstitutional would be for them to rescind or limit the Second Amendment. This means our government, with or without the support of the people, cannot deny an eligible person the right to own a weapon. Any restrictions that impede the ability to own or purchase weapons must provide an available and reasonably obtainable permit to allow for the ownership of such weapons. Furthermore, ideas such a gun taxes, hand gun registration bans, and other restriction, which either disenfranchise the poor or target a specific weapon class without providing exception for ownership, are unconstitutional. A gun tax is analogous to a poll tax for blacks and a hand gun registration ban is analogous to banning newspapers in cities for fear of riots. Furthermore, government imposing any legislation, which puts a financial burden on the ownership of a weapon, other than the initial purchase price, directly impedes the rights of the poor to own weapons; therefore, in the case of laws which require fees for permits or restriction, the government needs to provide such services to the poor free of charge or at a reasonable discount.

Frankly, I believe in the Second Amendment but I also understand that the Constitution does not protect those who would abuse weapons and endanger our society. Therefore, as long as gun control upholds the burdens of the Constitution, such that, it restricts, not necessarily prohibits, the ownership and the unlawful use of weapons by citizens, without regard to social economic class, I cautiously see the benefit in control gun.

On the other hand, the Second Amendment is not outdated as our Nation continues to have criminal elements, which weapons can help safeguard law abiding citizens against, while voluntary gun ownership continues to exist within our borders. Above all, no law or additional Constitutional amendment can supersede the protections, which the Second Amendment provides, while no individuals have the right to deny a citizen of the United States any of their guaranteed rights and freedoms. In defining our Constitutional rights, government must strive to balance its duty to protect its citizens with its responsibility to uphold the rights and freedoms of those citizens.
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      • Should One's Faith Influence a Citizen's Vote?
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      • On Defunding Political Science Research
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      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
      • On the Baby Boomer’s Self-Centeredness
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      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
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      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
      • Why New Forms of Capitalism and Socialism Will Compliment Each Other
      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
      • Why Are We Against Terrorism?
      • Why Does Terrorism Exist?
      • US Influence: The Value of American Citizenship Around the World
      • Responding to "the Soldier as Sacrficial Victim"
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        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
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        • Recognizing Abuse
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        • It’s Just Sex?
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      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
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      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
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        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
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        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
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        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
      • Consumer and Investor Evolution in the Great Recession of 2008-09
      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
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      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
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      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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