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If the second amendment protects the right to bear arms, can state and federal government strictly limit access to ammunition un - Research Paper Example

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If the second amendment protects the right to bear arms, can state and federal government strictly limit access to ammunition un

Emphasis is given to the following question: can state and the federal government set limits to the access to ammunition under the constitution? Since ammunition cannot be used without guns the reference to the potential restrictions on gun possession has been unavoidable. Indeed, if such restrictions are lawful for gun possession then a similar practice could be also justified for ammunition. A problem seems to exist though in regard to the following issue: could a different treatment for the access to ammunition, as compared to the gun possession, be justified? This issue is analyzed further below trying to evaluate whether the state and the federal government have the power to intervene in such right, as the access to ammunition. 2. The potentials of state and federal government to strictly limit access to ammunition under the constitution 2.1 Prohibitions related to guns and constitution Due to the Second Amendment, gun holders in USA are secured as of their right in regard ‘to handgun possession’ (Carter 2012, p.191). Still, many states have tried to set limits in the above right ignoring the relevant provisions of the Second Amendment. In 2008 the Supreme Court had to examine the lawfulness of the prohibitions imposed by the District of Columbia in regard to the possession of handgun at home (District of Columbia v. Heller 2008). ...
It is rather a right that is depended on the legislation applied locally, i.e. in each state (Spitzer 2009). At this point the role of the Second Amendment can be described as follows: the Second Amendment aims to secure the citizen’s right to possess guns, as this right is recognized by local legislation; therefore, no conflict exists between the Federal constitution and the Second Amendment (Spitzer 2009). However, no limitation seems to exist in regard to the potential of a state to set limits to gun possession. Indeed, as noted in Rohrbaugh v State of West Virginia, the limitations set by the state in regard to gun possession can be considered as justified since the state has acted for protecting its citizens; in this context, the Court has ruled that no violation of the Second Amendment has taken place due to the limitations that the state set in gun possession (Rohrbaugh v. State of West Virginia, 2004, in Massaro 2009, p.371). Boyes-Watson (2013) explains that the key reason for the introduction of the Second Amendment has been ‘the protection of the right of the states to form militia from defense’ (p.333). In addition, Featherstone and Gardiner (1982) noted that the Second Amendment aimed to secure the power of individuals not just to protect their state but also to protect their own rights. Therefore, by its scope, the Second Amendment cannot be limited by federal government, meaning that the federal government has not the power to set limits to the possession of guns. However, the potential of the state to set limits to gun possession, ignoring the Second Amendment, has caused a series of conflicts. In the past, most states used to regulate in regard to gun possession without taking into consideration the ...Show more
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If the second amendment protects the right to bear arms, can state and federal government strictly limit access to ammunition under the constitution? 1. Introduction The recognition of rights by the law is usually considered as the only prerequisite for the full protection of these rights…
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