The Second Amendment’s “Right to Bear Arms” is an Individual Right

     The second amendment of the Constitution 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." There has been vast speculation whether the "right to bear arms" is an individual right, or if it was intended for only members of the militia. There is also the argument made that the "right to bear arms" only applies to specific weapons. When this amendment was written, our Founding Fathers had just finished the war with England for independence. They knew the benefit of the people owning firearms; Thomas Jefferson said, "No free man shall ever be debarred the use of arms." Notice he said "no free man" not just members of the militia. The second amendment was meant as an individual right for the people.

     The second amendment does not just apply to the militia. In the majority decision of District of Columbia V. Heller, Justice Scalia found that the right to bear arms was an individual right. Scalia wrote that “requirement of logical connection may cause a prefatory clause to resolve an ambiguity in the operative clause,” but that the “prefatory clause does not limit the operative clause.” He found that the wording “The right of the people…” was used again in the first amendment and in the fourth amendment, and that when used in these amendments the wording “unambiguously refer to individual rights, not ‘collective’ rights…” and that “nowhere else in the Constitution does a ‘right’ attributed to ‘the people’ refer to anything other than an individual right.” Justice Scalia’s opinion is consistent with that of our Founding Fathers. 

     George Mason said; "To disarm the people...[i]s the most effectual way to enslave them." He said this with respect that all governments, unless hindered by the people, would become tyrannical and that disarming the people would be the first step toward tyranny. Thomas Jefferson agreed saying; "What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms." Our Founding Fathers intended for all the people to be armed and willing to fight to keep their freedom, they never thought that the people would be so misled that they would be doing the tyrannical government's work by disarming themselves.

     Some Americans have become afraid of guns due to the mass shootings taking place across the country. They are scared of political unrest in their own country and do not know who to trust. American citizens who think this way need only look at the pattern of historical tyrants: Joseph Stalin, Adolf Hitler, and Idi Amin established gun control only a few years before committing mass executions. Nations such as Turkey, China, Guatemala, and Cambodia also exterminated masses of people after establishing gun control. It is estimated that approximately fifty-six million total victims lost their lives at the hands of their own governments in the last century on the heels of strengthened gun control laws. As recently as 2009, North Korea, under the leadership of Kim Jong -il, strengthened its gun laws in order to keep control of society as his health deteriorated and as he prepared to transfer his leadership to his son. 

     Many in today's culture are worried that with guns, crime rates will climb, shootings will increase, and people will suffer. Ironically these people are “shooting themselves in the foot". Thomas Jefferson said: "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." Meaning that if guns are outlawed, crimes will only increase, because law abiding citizens will no longer carry guns, and criminals, not obeying the laws anyway, will attack with more confidence. "I prefer dangerous freedom over peaceful slavery," (Thomas Jefferson) is a statement that all Americans should wholeheartedly embrace.

       The second amendment is not outdated. Today, there is debate whether or not the second amendment applies to modern weapons. Some would argue that it only applies to muskets, the weapon used by our Founding Fathers; others argue that only assault weapons should be outlawed.  The idea that only muskets should be legal is based upon the belief that only the weapons that were around when the second amendment was written should be allowed. This is faulty reasoning, as we interpret the rest of the Constitution to take on modern meaning. For instance, the United States recognizes, and must protect, religions that did not exist when the Constitution was written. The fourth amendment protects the right of the people to be secure in their persons and papers; there is little question that this now applies to cell-phones and computers. There is no basis for this idea; it is a desperate attempt by anti-gun activists to outlaw guns.

     The term “assault weapon” is subjective. In the hands of law-breakers anything can be an assault weapon. Should we outlaw kitchen knives and rolling pins because someone was attacked with one? George Washington made his opinion quite clear: “A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." According to this statement, the people should have sufficient arms to that of any who might try to limit their independence. If our government uses “assault weapons”, then we, as protectors of our own independence, should also be allowed to carry them. Many liberals argue that since our nation has such a strong military, the people need not carry guns; this is exactly what our Founding Fathers were afraid of. If we limit our rights based on the might of the government, then we have already given into tyranny. Benjamin Franklin strongly voiced his opinion on this; “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”

     The Second Amendment's "right to bear arms" is an individual right reserved for the people. Arguments made that say otherwise can be refuted by the Supreme Court's majority decision in District of Columbia V. Heller, and by the original intent of our Founding Fathers. The right to bear arms is for all guns, including “assault weapons” as the Founders intended. Americans must fight for this freedom, or be subjected to a tyrannical government. We should have the courage to defend the freedoms that our Founding Fathers provided.