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The Second Amenment

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Submitted By jmiller110108
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American Experience
Jan 29, 2014
The Second Amendment - Militia and the
Right to Bear Arms: An Annotated Bibliography
Faria Jr., M. A. (2013). Shooting rampages, mental health, and the sensationalization of violence. Surgical Neurology International, 4(1), 85-92. doi:10.4103/2152-7806.106578 The debate of firearms is always at the center of most political parties because everyone has different views and does not take into consideration the mental health of the shooters. The most recent debate was after the attack at Sandy Hook Elementary in New Town, Connecticut. The lone gunman was identified as Adam Lanza who suffered from a mental personality disorder and needed a mental health assessment and treatment. After the shooting took place, many citizens blamed guns and the lack of gun control policies but never did they blame mental health. The shooting that took place is not a failure of gun control but of the mental health system and lack of treatment that was given. Many of the horrific shootings that have taken place were done by individuals who suffered from a mental disorder and were not receiving the proper treatment. If more people actually took the time to look at the person behind the gun and not the gun itself, than they would realize that it is the lack of care and treatment which is causing these attacks and not the actual gun. I do believe that when a background check is conducted for people trying to obtain a gun that it should include a mental illness exam. Although, if someone really wants a gun than they will find a way to get one no matter what.
Plain, G. L. (2010). CONSTITUTIONAL LAW--SECOND AMENDMENT--THE SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS IS APPLICABLE TO THE STATES THROUGH INCORPORATION OF THE FOURTEENTH AMENDMENT. Cumberland Law Review, 41(1), 161-178. This article goes into details about the case of McDonald v. City of Chicago, and if the Second Amendment actually applies to all of the states. This case came about because of the Supreme Court striking down a statutory ban that the District of Columbia had tried to impose and that the residents were not allowed to have handguns in their homes and that they were also not allowed to use any type of gun for self-defense and the ruling was that it was in violation of the Second Amendment.
In Chicago, a similar ban was in place and the residents were not allowed any type of handgun even if it was registered and they were not allowed a concealed carry license. The city officials believed that they were not in violation of the Second Amendment because the Amendment did not actually apply to all of the states. Many residents wanted to be able to legally have a firearm but because of the ban were unable to. They brought a petition to the district court and it shot down because the district court believed that the ban and prohibition was constitutional. Eventually it went before the Supreme Court and was determined that the Second Amendment is applicable to all states and that any state who stops their citizens from owning and a firearm in their home for self-defense is in fact violating their Second Amendment rights.
I believe that any state who does not allow its citizens to protect themselves should be held in violation of Second Amendment right and should be issued a fine. I agree that the residents in Chicago needed to take this from the District Court to the Supreme Court because the city officials were in violation and should never have put that ban in place. All people want to do is protect themselves and their families and by taking away their rights to do that is not fair.
Trotter, G. S. (2013). Should Congress Pass Stronger Gun Laws?. Congressional Digest, 92(3), 25-31.
Many people believe that guns kill people and that the United States needs stricter gun laws and in reality what needs to be done is to have stricter background checks that include mental health assessments. “Law-abiding gun owners will not accept blame for the acts of violent or deranged criminals. Nor do we believe the government should dictate what we can lawfully own and use to protect our families” (Trotter, 2013). The laws that are trying to be presented to make it more difficult to obtain guns legally are only hurting the law-abiding citizens.
The weapons that many law makers are trying to get out of the hands of gun owners and make it more difficult to purchase are semi-automatic weapons. They have been around for more than 100 years and are used by hunters, target practice, and protection. At one point there was a ban on these types of weapons but a study was done there was no impact on decreasing crime when it came to the ban. Citizens always want to put the blame on the NRA when they really need to blame the person who actually used the gun to kill or hurt someone. The NRA has always been about finding ways to protect families, students, women, and the citizens of the United States.
More women are starting to realize the value of having a handgun and how it is used for protection. There are many states who are allowing women to get a permit to carry a gun and statistics show that in those states rapes among women are a lot lower. Guns make women feel safer and many crimes against women are not even gun related. Many male attackers will go after women who they feel are at a disadvantage. Women, who have a handgun, level the playing field by reversing the balance of power and taking back control. Some states still forbid women to carry and statistics show that the states that do not allow women to carry have a higher rape percentage.
We need to focus on what works when it comes to gun control instead of what doesn’t. I believe that guns make women feel safer and are able to protect themselves better. Thankfully, the Supreme Court has recognized that guns are needed for self-defense and are now considered lawful and that self-defense is a major part of the Second Amendment. The ability to arm women for our protection is even more significant than for men because guns are the great way to balance power in the event of an attack. Every woman deserves a fighting chance.

References
Faria Jr., M. A. (2013). Shooting rampages, mental health, and the sensationalization of violence. Surgical Neurology International, 4(1), 85-92. doi:10.4103/2152-7806.106578
Plain, G. L. (2010). CONSTITUTIONAL LAW--SECOND AMENDMENT--THE SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS IS APPLICABLE TO THE STATES THROUGH INCORPORATION OF THE FOURTEENTH AMENDMENT. Cumberland Law Review, 41(1), 161-178.
Trotter, G. S. (2013). Should Congress Pass Stronger Gun Laws?. Congressional Digest, 92(3), 25-31.

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