Amendment II: Right to Keep and Bear Arms

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.

This, a highly debated and contested amendment, secures the rights of citizens to legally own guns and other arms. However, like the first amendment, it is not absolute. Criminals and foreign aliens cannot own guns and there was a Supreme Court decision (a 5:4 decision, so it was highly contested) that says the second amendment protects against firearms that are typically possessed by law abiding citizens for lawful purposes. Any and all people outside of these parameters cannot legally keep and bear arms.

This amendment is one more example of how the Bill of Rights was a check against the US government and how it protects individual rights from said government. It is my opinion that there should be less restrictions on guns and ownership of them. Like the first amendment, the right to gun use and ownership should not be breached unless there is harm or intention to do harm. Keeping guns out of the hands of law-abiding citizens (or at least, making it more difficult to posses these guns) presents opportunity for criminals to act with illegally acquired guns. The possession of arms serves (at the very least) as a deterrent from criminals. For example, Oklahoma recently legalized open carry laws which permit concealed carry guns to be carried unconcealed and "open" provided the owner has the required licence (more details of the law here). This was a step in the right direction for Oklahoma as it serves to increase individual rights over the rights of the government. It is not that many people will opt for an open carry, but that they have a choice to do so is where there is movement in the right direction.

A news story in OK that addresses the open carry issue

There are a great many laws pertaining to the owning and operating of firearms in the many states of this Union. I cannot cover them all here but comment and let me know what your thoughts are about it.

While a little extreme, this law student explains his rights as a citizen to carry guns in public.

For a history of this amendment, click here.