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41 Answers
- Anonymous1 decade agoFavorite Answer
It's a Constitutional right, confirmed by the Supreme Court.
ADDENDA
"The second most important after free speech!"
Actually, the Second is the most important. It is the one that guarantees the First and all the rest.
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"Obama wants to ban small hand guns"
He want to ban ALL firearms in private hands.
Some of his actions FROM THE RECORD:
-Voted to allow the prosecution of citizens who use a firearm for self-defense in the home (Illinois Senate, S.B. 2165. 3/25/04);
- Voted to allow reckless lawsuits designed to put America's firearms industry out of business (S.397, vote 219, 7/29/05);
- Voted to ban almost all rifle ammunition commonly used for hunting and sport shooting (United States Senate, S. 397, vote 217, 7/29/05);
- Supported a 500% increase in federal taxes on guns and ammunition (Chicago Defender, 12/13/99);
- Voted to ban hundreds of rifles and shotguns commonly used for hunting, including single-shot, over-under and side-by-side shotguns (Illinois Senate SB 1195, 3/13/03); and,
- Proposed restrictions that would close 90% or more of all gun stores in the U.S. (Chicago Defender, 12/13/99).
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"Besides the fact that most people don't need to hunt for food, we now have a strong military and national guard to defend us from attack."
Neither of those reasons was the driving force behind the Second. The colonies wanted to defend themselves against a US government turned tyrannical.
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"Does this mean anyone can own a automatic rifle "
Another favorite red herring. Automatic weapons have been illegal in private hands (save with a federal license) since the 1930s.
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"The murder and crime rate would skyrocket in major US cities and would likely increase at least slightly in smaller towns. "
Statistics in jurisdictions that have enacted right-to-carry legislation say otherwise. Try again.
A more telling counterexample to your misguided view is what happend in the UK. They outlawed all firearms and guess what? The crime rate soared when the criminals knew they could enter homes and businesses with impunity. Also, they decided that the venerable London constable should be armed, after centuries of just carrying batons.
- SCOTT MLv 71 decade ago
I believe it was in the 1960s that we had the big debate about pornography. No one suggested the Founding Fathers intended “freedom of the press” to protect pornographers. However, in ruling on the issue, the Supreme Court took into account “contemporary values,” which it used to give considerable leeway to pornographers.
We cannot rely on “original intent” for everything, because there was no original intent for most things. The Founding Fathers intended the First Amendment to protect the print media, not the broadcast media. There was no broadcast media to protect, and I have no information to even suggest that anyone living at the time the Constitution was written envisioned anything like a radio or a television. But we have extended the First Amendment to cover the new media because of a contemporary need.
Thomas Jefferson said, "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Unfortunately, because of the level of violence in some parts of this country, many of us feel we have a contemporary need to own guns for self-protection. The recent Supreme Court ruling on the Second Amendment supports that.
It has been legal for most people to purchase and own guns in this country since its founding. So, while many have never exercised their right to own a gun, this is not a “use it or lose it issue.” The “right” to own a gun is a tradition even if actual ownership is not.
My most basic right is the right to life. If I am denied the means to defend my life when I have a need to do so, what is the value of all my other “rights?”
- Uncle PennybagsLv 71 decade ago
Constitutional Right. My family doesn't really have a tradition of gun ownership or hunting. I do however own guns and signed up as an NRA member when I purchased my first one, because I do indeed believe it is a very necessary right.
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- bobbo342Lv 71 decade ago
It is a tradition that the US Constitution gives us....
Just like it is tradition to go to church with the family on Sunday.
Source(s): Bitter Gun Owner who clings to religion, NRA member, NObama '08 and Yes I VOTE! - 1 decade ago
Constitutional right as established by the Second Amendment.
That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United states who are peaceable citizens from keeping their own arms.
-- Samuel Adams, in "Phila. Independent Gazetteer", August 20, 1789
"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined."
-- Patrick Henry, speech of June 5 1788
"To disarm the people was the best and most effectual way to enslave them."
-- George Mason, speech of June 14, 1788
The right of the citizens to keep and bear arms has justly been considered as the palladium of the liberties of a republic; since it offers a strong moral check against usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them."
-- Supreme Court Justice Joseph Story of the John Marshall Court
"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government"
-- Thomas Jefferson, 1 Thomas Jefferson Papers, 334
- Hector DLv 41 decade ago
It's both. The Second Amendment is the Founding Fathers' answer to a lot of the problems we simply throw money at. If you had told Ben Franklin and Washington that there were gangs wandering the streets, they would mobilize the militia and patrol the neighborhoods until the gangs were gone. (Yes, really.) They regarded having a gun as a fundamental right and part of your duty to be willing to defend you home and neighbors at a moment's notice.
- JeanELv 41 decade ago
Constitutional Right AND a tradtion. Supreme Court this summer ruled that individuals do indeed have a constitutional right to own guns.
- Anonymous1 decade ago
It's a Right. (at least for the time being)
Sure, there are lots of fine arguments against it, but don't let them do it without Amending the Constitution. It would set the precedent that we can ignore the "outdated" parts of the Bill of Rights...
Just ask yourself.. which other rights just aren't "modern"....