stricter gun regulation and the second amendment

[Toyanne]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment.

 

[Just Blue]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment

Gee Toyanne...Isn't the point of a research paper to actually do your own research rather than ask random people on the internet to do it for you? *



*rhetorical question.

 

[quincy]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment

Answer: Maybe. Maybe not.

or, as an alternative,

Answer: It depends.

The FreeAdvice forum is designed to assist people with their current real life legal issues.

 

[Taxing Matters]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment

Here is the problem with a question like that: it is too broad and open ended to allow for any real specific answer. For example, it matters what restrictions would be imposed, who are the persons affected by the restrictions, the reason for the restrictions and, importantly, who is imposing the restrictions. Some gun restrictions are okay under the second amendment, others are not. Determining whether the regulation might violate the second amendment requires a good understanding of the federal court decisions on the second amendment. I hope your instructor gave you some more direction than just what was given above. Answering the question as you put it here would mean having to engage in a rather lengthy discussion of second amendement law outlining what kinds of restrictions are likely to survive a court challenge and which are not.

 

[stealth2]

I hope your instructor gave you some more direction than just what was given above.

I'm betting the assignment was rather broad in scope. However, the instructor/TAs should have told @Toyanne to tighten up their thesis.

 

[bcr229]

Stricter than what? State laws are vastly different, and many state and federal gun control laws are being challenged in federal court. Eventually the USSC will decide where to draw the line(s).

 

[adjusterjack]

if there was stricter gun regulation would it violate the second amendment

Yes.

if there was stricter gun regulation would it violate the second amendment

No.

if there was stricter gun regulation would it violate the second amendment

Maybe.




Take any one of those positions and try to justify it with your research, just like politicians and pundits have been doing for 100 years.

 

[zddoodah]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment

If you're going to present something like this, you really ought to use proper punctuation and capitalization. This isn't Instagram or TikTok.

As for your question, stricter than what? Also, what exactly is the regulation? There are regulations at both the federal and state level, and the specifics of any regulation are of absolute importance in analyzing the constitutionality of any regulation.

Last, and most importantly, rather than ask others what the answer is, don't you think it would be better if you did your own work? Why not tell us what you think the answer is and explain why you think that? Then we could offer feedback.

Isn't the point of a research paper to actually do your own research rather than ask random people on the internet to do it for you?

Are you suggesting that asking questions of others isn't part of researching something?

 

[quincy]

If I were writing a research paper on Second Amendment gun regulations, I personally would start it off with a Warren Burger quote from 2000. The conservative Chief Justice of the Supreme Court said:

“The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies - the militia - would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”

And then I would argue for the abolishment of the Amendment.

 

[PayrollHRGuy]

If I were writing a research paper on Second Amendment gun regulations, I personally would start it off with a Warren Burger quote from 2000. The conservative Chief Justice of the Supreme Court said:

“The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies - the militia - would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”

And then I would argue for the abolishment of the Amendment.

If we are going to quote old dead guys.

“A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent on others for essential, particularly for military, supplies.”
-John Adams, speech to US Congress January 8, 1790

“No free man shall ever be debarred the use of arms.”
– Thomas Jefferson, Virginia Constitution, Draft 1, 1776

“I prefer dangerous freedom over peaceful slavery.”
– Thomas Jefferson, letter to James Madison, January 30, 1787

 

[quincy]

Despite some in this country who seem intent on returning to the 1700s, life has changed. The Second Amendment is no longer relevant.

 

[Bali Hai Again]

I'm doing a research paper and I have a question the question is if there was stricter gun regulation would it violate the second amendment

No. Research how to get in touch with the victims of Sandy Hook among too many other victims of gun wielding, drug crazed lunatics and ask that question.

 

[Just Blue]

If you're going to present something like this, you really ought to use proper punctuation and capitalization. This isn't Instagram or TikTok.

As for your question, stricter than what? Also, what exactly is the regulation? There are regulations at both the federal and state level, and the specifics of any regulation are of absolute importance in analyzing the constitutionality of any regulation.

Last, and most importantly, rather than ask others what the answer is, don't you think it would be better if you did your own work? Why not tell us what you think the answer is and explain why you think that? Then we could offer feedback.




Are you suggesting that asking questions of others isn't part of researching something?

Nope. I'm suggesting asking random strangers on the internet is not wise.

 

[adjusterjack]

If I were writing a research paper on Second Amendment gun regulations, I personally would start it off with a Warren Burger quote from 2000. The conservative Chief Justice of the Supreme Court said:

“The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies - the militia - would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”

If I were writing the research paper I would go on to show how the Supreme Court proved him dead wrong in the Heller and MacDonald decisions.

And then I would argue for the abolishment of the Amendment.

To what end? It's not the amendment that GIVES us the right to keep and bear arms. Nor do the amendments GIVE us the right to freedom of speech, freedom of religion, etc. Those rights already exist and that's what the Bill of Rights is acknowledging.

Keep in mind that it was British citizens that took up arms against a tyrannic British government in the War for Independence.

 

[adjusterjack]

No. Research how to get in touch with the victims of Sandy Hook among too many other victims of gun wielding, drug crazed lunatics and ask that question.

I haven't seen any gun control law yet that stopped any drug crazed lunatics. Have you?