For non-gun owners and even for some Americans who have recently purchased their first firearms, the debate over gun rights can seem overblown and even somewhat crazy. But once they dig into the nuts and bolts of the debate over the Second Amendment, most gun owners begin to see that it makes a lot of sense to protect our right to keep and bear arms.
Understanding the Gun Rights Debate
Truth is, the Second Amendment is the one thing protecting all of our other rights. Let’s take a look at what it says, how the court has interpreted it, and why it needs protection.
The Second Amendment
The Second Amendment within the Bill of Rights states: “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.” Poor comma placement aside, that single sentence says a lot, indeed.
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Purists believe “shall not be infringed” means just what it says, and any regulation is, therefore, unconstitutional. Those on the anti-gun side of the equation often still argue that the amendment only applies to a militia, even though at the time of the writing, the “militia” was made up of all able-bodied men 18 and older.
Two important court rulings in the past few decades have set the stage for the current battle gun owners face now. In 2008, in the case District of Columbia v. Heller, U.S. Supreme Court ruled that the Second Amendment protects an individual right to keep (own) firearms. The high court’s interpretation that the right applied to individuals produced a major roadblock for gun-ban advocates throughout the country, although it didn’t slow their efforts.
Nearly 15 years later, in 2022, the Supreme Court ruled in New York State Rifle & Pistol Association v. Bruen, often just referred to as Bruen, that the individual right to bear arms recognized in Heller also applied to Americans carrying firearms outside the home for self-defense purposes.
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According to those two rulings, individual Americans have the right to own firearms and to carry them outside the home. Yet even after both rulings, anti-gunners persist in pushing for more restrictive laws.
The Battle Continues
Today, several important lawsuits are being considered from district courts all the way up to the Supreme Court. Three critical issues are whether government entities can ban so-called “assault weapons” and “high-capacity” magazines, whether bans on carry of firearms in certain places are unconstitutional, and whether Americans under 21 can purchase handguns, and in some states, even long guns.
While anti-gun advocates will argue otherwise, the AR-15, what they call an “assault weapon,” is not different than most semi-auto centerfire rifles. It shoots one bullet with each pull of the trigger. Several courts have ruled it “in common use” in their findings that bans violate the Constitution. The same can be said for magazines that hold more than 10 rounds, which come standard with many firearms.
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Bans in “sensitive places” are also contentious, as they force those who carry a firearm for self-defense to either leave their gun at home when visiting those places or choose not to visit those locations. These laws are likely to all be struck down if courts hold tightly to the guidelines for deciding Second Amendment cases prescribed under Bruen.
As for the question about 18-, 19-, and 20-year-olds, the Second Amendment doesn’t mention an age limit anywhere. Those people are recognized as adults for serving in the military, voting, and entering into contractual obligations. To limit their access to a single constitutional right, as Supreme Court Justice Clarence Thomas put it, turns it into a “second-class right.”
Ultimately, any infringement on the right to keep and bear arms is one too many. Freedom only thrives when pure freedom is recognized. There are enough Americans who believe this to prolong the battle to save the Second Amendment until all courts finally recognize this important right.
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