What is a constitutional/ Fundamental Right to Have a Gun in America? (Right To Have a Gun Is A Fundamental Right?)
What happened in the UNITED STATES OF AMERICA RECENTLY due to which Supreme Court of USA says Right To Have a Gun Is A Fundamental Right
Salvador Ramos, the school massacre in Uvalde, Texas, recently turned 18. In this gun attack, 19 students, 2 teachers, and the attacker were killed. On his 18th birthday, Ramos gifted himself two AR15 – type automatic rifles. Along with this, he had also bought 300 bullets. The AR – 15 is the most popular rifle used in gun attacks.
WHY RIGHT TO HAVE A GUN IS A FUNDAMENTAL RIGHT IN THE USA WAS NEEDED?
On December 15, 1791, the newly formed America approved the Bill of Rights, the first ten amendments to the Constitution that affirm the fundamental rights of the people. In this way, the possession of arms became equal to fundamental rights such as freedom of expression, freedom of the press, freedom of religion, and freedom of association.
WHY THIS FUNDAMENTAL RIGHT WAS NEEDED?
Militias were groups of ordinary people who took up arms to defend their communities. These communities were organized at the town, colony, and state levels after the country’s declaration of independence in 1776.
America officially recognized the constitution of the country in 1788. After this, one of the country’s founders, James Madison, who would later become the President of America, drafted the Second Amendment, whose purpose was to strengthen the militias in the provinces.
Although the Second Amendment did not take away the right of the government to enforce the law by force, it did take away from the government the right of citizens to have arms. After this amendment, those who wanted to keep weapons could keep weapons without any condition.
The Second Amendment 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.
ONE AMENDMENT AND TWO PERSPECTIVES
In fact, the idea of the ‘ right to bear arms for collective security ‘ was also implemented in a decision of the Supreme Court in 1939. Under this order, the local and provincial administrations had the authority to prohibit any person from possessing a weapon. It was the same in Columbia, Washington DC.
Gun opponents focus more on the wording of the first part of the Second Amendment, which states, that a ” disciplined militia. ” Those who support this second idea argue that the purpose of the second amendment to the constitution in 1791 was not to give arms to the common people, but its purpose was to give people the right to be collectively defensive in the event of an external attack.
DC VS HELLER CASE
In fact, the idea of the ‘ right to bear arms for collective security ‘ was also implemented in a decision of the Supreme Court in 1939. Under this order, the local and provincial administrations had the authority to prohibit any person from possessing a weapon. It was the same in Columbia, Washington DC.
It remained like this for almost seven decades, but a decision of the Supreme Court in 2008 made a big difference. A local police officer named Dick Heller had approached the court after he was barred from possessing a personal weapon. In this case, a nine-judge bench of the Supreme Court, by a difference of five – versus – four, ruled that the US Constitution gives a person the right to bear arms for legal use.
SUPREME COURT OF the USA About the Right To Have a Gun Is A Fundamental Right
Although the Supreme Court had also said that this right was not unlimited ( for example, it deprives people of possessing high-caliber guns such as machine guns ), the court did say that citizens should be fully protected within their country. It would be unconstitutional to deprive him of possession of a weapon.
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