Five Nuances of the Second Amendment
If you think you know everything here is to know about the Second Amendment, think again. There are some nuances to the amendment that many do not catch until they are pointed out. Here are five things that you may not have known.
1. Rights for the Individual
Because the amendment uses the word “militia,” many people believe that it protects collective rights rather than those of the individual. Not so. The Supreme Court has ruled, on several occasions, that the amendment protect the right of the individual person. You do not have to belong to what is considered a militia today or any collective entity to have your rights protected.
2. Self Defense
It is not unusual to hear people speak of the amendment in terms of hunting rights. In fact, the primary purpose of the amendment is self-defense or self-preservation. The Supreme Court has said, “the inherent right of self-defense has been central to the Second Amendment right.”
3. Tyranny
One of the primary purposes of the amendment is to protect the people against tyranny. Many people hear this, but few believe it. If it is hoped to have a free nation, then its people must be armed, according to the Supreme Court. In history, it was feared that the government would disarm people in order to impose rule. The amendment protects citizens against such actions.
4. Preventing Foreign Invasion
When people think about the amendment, they typically only consider personal and collective rights to bear arms. They rarely remember or consider that one provision is the repelling of invasions. The worry of foreign invasion has been rare in our country, but it has been there.
5. Common Weapons
It would be easy to assume that the right to bear arms was speaking only to the arms that were popular at the time of the amendment’s drafting. The Supreme Court has said that the amendment covers weapons that are chosen by the collective American society at any given point in time.
How many of the above were you aware of? The Second Amendment is much more than a piece of paper giving law-abiding citizens the right to gun ownership. The subtle wording and legal interpretations of the amendment make it quite interesting.
If you have been charged with a gun crime, you need an experienced attorney on your side. Contact our offices now and a member of our team will be happy to speak with you. First consultations are always free. Call now.