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How should the second amendment be interpreted? - Research Paper Example

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Author : jany04

Summary

Name Professor Class Date Second Amendment Second Amendment: its coverage and limit The Second Amendment contained in the Bill of Rights of the Constitution of the United States declared 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…

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How should the second amendment be interpreted?

For example, recent calls to control and even ban gun use as a response to increasing violence and murder in schools that involve guns such as the the recent shooting in Sandy Hook Elementary School in Newtown inadvertently run counter to the basic Bill of Right of the Second Amendment. This is not the first however that this Amendment had been challenged and in fact, there were several court decisions made in the past that undermined this provision due to its unclear coverage and extent. For example, we can cite the U.S. v. Cruikshank (1876) case whereby it was often cited out of context with the claim otherwise that Second Amendment is "is not a right granted by the Constitution" (Guncite.com, 2010). This out of context interpretation also resulted in other flawed state regulation such as a provision in the Firearms Control Regulations Act of 1975 law in the District of Columbia that requires all firearms including rifles and shotguns to be kept "unloaded and disassembled or bound by a trigger lock. The Firearms Control Regulations Act of 1975 also contained a provision that prohibits the residents of the District of Columbia from owning handguns except those that were registered prior to 1975. As expected, the law was challenged and was elevated in the Supreme Court. ...
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