how is the second amendment use today?

how does it affect us in our everyday life

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  • 9 years ago
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    It is mainly decided by case law. I will mention the Supreme Court cases that either interpret or mention the 2nd Amendment throughout history.

    Dred Scott v. Sandford, 60 U.S. 393 (1857): This court case ruled that Scott did not enjoy the protection of the Bill of Rights due to his racial background. However, the ruling implies that all free men do have the right to bear arms by indicating what would happen if he was afforded full protection.

    United States v. Cruikshank, 92 U.S. 542 (1875): Ruled that the First Amendment right to assembly was not intended to limit the powers of the State governments in respect to their own citizens and the Second Amendment has no other effect than to restrict the powers of the national government.

    Presser v. Illinois, 116 U.S. 252 (1886): Ruled that the Second Amendment limits only the power of Congress and the national government, not that of the state.

    United States v. Miller, 307 U.S. 174 (1939): The National Firearms Act — as applied to transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-affixed written order for it — was not unconstitutional as an invasion of the reserved powers of the States and did not violate the Second Amendment of the United States Constitution.

    Duncan v. Louisiana, 391 U.S. 145 (1968): A Supreme Court case which incorporated the Sixth Amendment right to a jury trial at the state level as required by the Fourteenth Amendment. In a concurring opinion by Justice Hugo Black, he used a statement by Senator Howard, who introduced the Fourteenth Amendment, to help validate the Court's ruling that the Bill of Rights as a result of the Fourteenth Amendment forces states, and not just the federal government, to protect the same individual rights enumerated in the Bill of Rights.

    Lewis v. United States, 445 U.S. 55 (1980): Ruling that the Congress may prohibit felons from possessing firearms.

    United States v. Verdugo-Urquidez, 494 U.S. 259 (1990): A case dealing with nonresident aliens and the Fourth Amendment, but led to a discussion of who are "the People" when referred to in the Constitution.

    United States v. Lopez, 514 U.S. 549 (1995): Ruled that possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity.

    District of Columbia v. Heller, 554 U.S. 570 (2008): Ruled that the Second Amendment guarantees an individual's right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. United States Court of Appeals for the District of Columbia Circuit affirmed.

    McDonald v. Chicago, 561 U.S. ___ (2010): Ruled that the Second Amendment right to keep and bear arms for self defense in one's home is fully applicable to the states through the Fourteenth Amendment. Court of Appeals for the Seventh Circuit reversed and remanded.

    There are gun control laws, but they must fit into the Supreme Court's rulings on the Constitution

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  • 9 years ago

    It raises the issue of whether or not the Second Amendment to the United States Constitution recognizes a natural right of private individuals to bear arms, or whether it simply authorizes a militia which would be regulated by the state. Opinions vary widely: I believe the first instance is the original intent, but as a practical matter am fearful of allowing certain people to have and use firearms.

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  • 9 years ago

    How is the Second Amendment used today? Mainly as a gun-marketing slogan.

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  • It allows law abiding citizens who pass a FBI back ground check to carry firearms. I myself have a lifetime gun permit in the state of Indiana. I do not always carry a gun, but if I'm going to a side of town for business (I'm buy and sell land so I travel around the state) that I'm a little nervous about I would carry my pistol. People tend to think any and all people who own a gun legally and have a permit to carry the gun legally are nuts for some reason as stated in some of these responses. Truth is far more gun crimes are committed by felons and or people who have a stolen / illegal weapon and no permit to carry the gun. I believe its each Americans right to decide if they want to own a gun and to carry it legally.

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  • 9 years ago

    Today, the second amendment is the basis of all rights that US citizens have concerning arming themselves with firearms and other weapons, as it always has been. The original intent was to keep the citizenry armed and thusly able to defend themselves from tyrannical government and from one another. Today, it's mostly used by ultraconservative crackpots to whine about regarding their inability to buy artillery, missiles, and other armaments of ridiculous proportions.

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  • Anonymous
    5 years ago

    This Site Might Help You.

    RE:

    how is the second amendment use today?

    how does it affect us in our everyday life

    Source(s): amendment today: https://tr.im/yRMXe
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  • 9 years ago

    Guns were banned on the campus of Virginia Tech. What would have happened if a student with a gun was able to take on the guy who killed all those people? What if several students had guns? When you get down to it, the shooter had a huge edge because students were not allowed to have guns.

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  • 9 years ago

    It doesn't really effect our daily lives. Most of the Bill of Rights doesn't.

    But it does guarantee the right of ordinary Americans to defend their freedoms from those who would take them away.

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  • 9 years ago

    I believe it affects us in a bad way. It pretty much just let's violence happen.

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  • 9 years ago

    it was amended..why should it count

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