Civil Liberties in The United States - Right To Bear Arms

Right To Bear Arms

The right of the people to keep and bear arms is assured by the Second Amendment to the United States Constitution:

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 amendment was legally controversial until a Supreme Court case in 2008. In the District of Columbia v. Heller case, the Second Amendment and its relation to gun control laws in the District of Columbia were evaluated by the Supreme Court for the first time in 70 years. The court decided that the Second Amendment did not grant the right to keep and bear arms solely to a military force, but to private citizens as well. The Court held that "he Second Amendment protects an individual 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" -District of Columbia v. Heller, 128 S.Ct. 2783 (2008).

Statute laws regarding the keeping and bearing of arms vary by state. Different states have made provisions to this right throughout history, generally regarding the issue of self-defense. A majority of state constitutions allow arms for any citizen in self-defense of himself or the state. States without any specific provisions regarding this clause are California, Iowa, Maryland, Minnesota, New Jersey and New York. Of these, only Iowa and New Jersey provide a clause for "defending life and liberty."

This civil liberty can be approached philosophically as well as lawfully. What does the word "arms" exactly mean? What does the word "bear" mean in this specific statement? The word "bear" means to carry or to hold. The word "arms" means, weapons, but not necessarily firearms specifically. When these words are used together, "bear arms" could most likely be interpreted by some as a right to carry firearms outside of one's home. The topic of whether firearms were or were not able to be carried outside the home was not addressed in the District of Columbia v. Heller court case.

"The lawyer who won the Columbia v Heller court case to allow residents to keep handguns in their homes is now fighting to allow residents and visitors to carry their firearms in public." While it is legal to carry a concealed firearm in other select states, it is still prohibited in the District of Columbia.