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Thu, Jun

Gun Rights and Personal Freedom: Examining the Broader Constitutional Context

VOICES

2ND AMENDMENT - In the United States, the debate over gun rights and personal freedom has been a long-standing and contentious issue, deeply intertwined with the country's history, values, and constitutional framework. The Second Amendment of the U.S. Constitution 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," serves as the cornerstone of this debate.

This article delves into the intricate relationship between gun rights and personal freedom, considering the broader constitutional context and the evolution of perspectives over time.

The Second Amendment: Intent and Interpretation

When the framers of the Constitution drafted the Second Amendment, they were influenced by the context of the time and numerous examples in history. The Founding Fathers sought to ensure that the newly-formed nation would never fall under tyrannical rule again, as they had experienced under the thumb of King George III and the British Empire.

Thus, the concept of maintaining an armed populace capable of defending themselves and their country was essential. However, the Second Amendment protects the populace from more than just tyranny, it also ensures the entirety of the Bill of Rights cannot be violated.

The Second Amendment, at its core, is a check on the Federal government. It prevents them from passing laws or Executive Orders that infringe on the personal liberties of all Americans.

Interpreting the Second Amendment has been a subject of intense debate. One school of thought argues for a collective interpretation, suggesting that the right to bear arms is connected to the establishment of state militias. On the other hand, an individual interpretation contends that the right to bear arms is an inherent, individual right unrelated to militia service. This interpretation underscores the right of individuals to defend themselves and their homes from threats, including those posed by a potentially overreaching government.

Those arguing for militia membership as a prerequisite to gun ownership were ruled generally defunct by the 2008 landmark Supreme court decision in District of Columbia v. Heller. The ruling stated that the Second Amendment protects an individual's right to possess firearms for self-defense regardless of militia membership. The court also emphasized that the right is not unlimited and can be subject to reasonable regulations, such as restrictions on certain types of weapons or limitations on who can own them.

Historical Evolution of Gun Rights

Throughout American history, the relationship between gun rights and personal freedom has been shaped by social, cultural, and political developments. In the post-Civil War era, the 14th Amendment extended constitutional protections to all citizens, including the right to bear arms. However, this did not prevent racially discriminatory gun control laws that were enacted in various states to disarm African Americans, further highlighting the complexities of gun rights in the context of personal freedom.

Modern Debates and Societal Impact

In the modern era, the debate surrounding gun rights and personal freedom has intensified due to an increasingly polarized political landscape. Advocates for stricter gun control measures argue that limitations on firearm ownership are necessary to address public safety concerns and prevent tragedies.

On the other hand, staunch supporters of gun rights argue that the ability to bear arms is fundamental to maintaining personal liberty and protecting oneself from potential threats. They often point to instances where firearms have been used for self-defense and assert that responsible gun ownership is a cornerstone of a free society.

Gun Control in American History

Gun control has always been a contentious issue in the eyes of the American public, with staunch supporters of stricter and looser gun control measures standing firm in their beliefs. Although firearms ownership has been clearly linked to a reduction in crime, this has not stopped local and federal politicians from attempting to trample on the rights of firearms owners in the past.

Perhaps the most well-known infringement in modern memory, the Assault Weapons Ban (AWB), was tucked away into the controversial Violent Crime Control and Law Enforcement Act. Signed into law by President Bill Clinton in 1994, the subsection that contained the AWB was titled Public Safety and Recreational Firearms Use Protection Act.

Although the title of the subsection sounds innocuous enough, the bill banned the manufacture, transfer, and possession of rifles the government deemed “assault weapons”. A grandfather clause was included in the bill to exclude firearms made before the bill was signed into law.

After the bill was signed into law, the manufacture of 19 different “military style” rifles, including the AR-15, was banned based on cosmetic features of the firearm. The ban took effect in September 1994 and sunset in September of 2004. Multiple attempts to reinstate the AWB have all failed, and it’s not surprising considering how many senators and representatives were voted out of office once they passed the bill.

Conclusion

Although gun control advocates will protest that the Founding Fathers could not envision the weapons of the modern era, it is important to remember that the musket was the deadliest implement of war at the time the Bill of Rights was ratified. The Founders understood that “We the People” not only needed firearms for personal protection, but also as means to tell the government “No!” should they overstep their Constitutional boundaries.

And in this same vein, it means that the Second Amendment is a safeguard to all rights codified in the Constitution that you enjoy on a regular basis. For without the Second Amendment, all others would fall. One need only look to modern day tyrants in China and North Korea to see how freedom of speech, a fair trial, and religion can easily be controlled when the population has no means to defend itself.

(Sam Jacobs is the chief historian and writer at libertasbella.com, and is the driving intellectual force behind the content in the Resistance Library.)