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.
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). The Supreme Court ruled that such prohibitions had been a violation of the Second Amendment and for this reason they cannot be tolerated by the law (Carter 2012, p.191).
On the other hand, Spitzer (2009) notes that the federal government cannot set limits to the possession of guns because of the following fact: ‘the right to possess a gun is not based on federal constitution’ (Spitzer 2009, p.193). 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
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However, under certain terms the limitation of these rights is regarded as necessary so that other rights are secured. Such case exists in regard to the…
It was created as America declared its independence from its parent nation of England as a way of creating its own direction, with language and concepts that were unfamiliar to the parent nation. It is the document on which the rights of the American citizens are based, and represents many important principles, and is the foundation upon which the freedom of the country is based and considered to be the founding document of the nation.
In the year 1868, this situation underwent a far-reaching change. This was due to the ratification of the 14th Amendment, which strictly precluded any state from depriving the property, life, or liberty of any person, in the absence of the due process of law.
Those against the second amendment state that due to the second amendment, the quantity of guns in the hands of the citizens of US has increased and due to this gun violence has even increased. A total of 270 million firearms are registered in the name of the civilians of the US (Small arms survey, 2007, p.39).
However, under certain terms the limitation of these rights is regarded as necessary so that other rights are secured. Such case exists in regard to the right of US citizens to have access to ammunition. The particular issue is set under examination in this paper.
Simultaneous with the ratification of Amendment 2, nine other amendments were ratified on December 15, 1791. These are:
Amendment 2, together with the 10 other amendments, was probably considered very important
Hence, during the end of June 2008, referring to the case of the District of Columbia v. Heller, the Supreme Court of the United States issued its decision which later came to be attributed as the Second Amendment to the Constitution (Library of Congress, “United
In 2008, the Supreme Court made a landmark decision regarding the 2nd Amendment. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court ruled that an individual’s right to bear a firearm is protected
ns at first had the culture of carrying arms with them for normal life purposes; that is protection, maintaining order in the society, and hunting for food. As time went by in their new settlement areas in America, conflicts developed, and they had to have arms for protection
From the research, it is apparent that guns do not guarantee the safety of police officers and the community at large. Whereas cases of successful defense using guns are possible, it is imperative to note that such cases are quite rare for civilian gun users who reside within urban regions. In that regard, those who possess guns should re-evaluate their perceptions of gun control.
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