Changes

''See also [[gun control]]''.

{{See also|gun control}}

 

The '''Second Amendment''' to the [[United States Constitution]] states:<ref>This is the most-often quoted form of this Amendment, but note later in this entry the significant objection to including three commas rather than just one.</ref>

The '''Second Amendment''' to the [[United States Constitution]] states:<ref>This is the most-often quoted form of this Amendment, but note later in this entry the significant objection to including three commas rather than just one.</ref>

{{cquote|'''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.'''}}

{{cquote|'''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.'''}}

==Where the Second Amendment comes from==

==Where the Second Amendment comes from==

''See also [[Debate:Is the right to bear arms unalienable?]]''

:{{See also|Debate:Is the right to bear arms unalienable?}}

In 1786, the [[United States]] existed as a loose national [[government]] under the [[Articles of Confederation]]. This confederation was perceived to have several weaknesses, among which was the inability to mount a Federal military response to an armed uprising in western [[Massachusetts]] known as [[Shays' Rebellion]].

In 1786, the [[United States]] existed as a loose national [[government]] under the [[Articles of Confederation]]. This confederation was perceived to have several weaknesses, among which was the inability to mount a Federal military response to an armed uprising in western [[Massachusetts]] known as [[Shays' Rebellion]].

==Comments==

==Comments==

The meaning of this amendment is controversial with respect to [[gun control]] and what type of weapons are covered.  

The meaning of this amendment is controversial with respect to [[gun control]] and what type of weapons are covered.

 

===Individual right===

===Individual right===

The [[National Rifle Association]], which supports gun rights, has a stone plaque in front of its headquarters bearing the words "The right of the people to keep and bear arms shall not be infringed." By dropping the "militia" phrase, the slogan advocates that the Second Amendment should mean that individual citizens have the right to own and use guns.  

The [[National Rifle Association]], which supports gun rights, has a stone plaque in front of its headquarters bearing the words "The right of the people to keep and bear arms shall not be infringed." By dropping the "militia" phrase, the slogan advocates that the Second Amendment should mean that individual citizens have the right to own and use guns.  

[[Supreme Court]] opinions have all been consistent with the individual rights interpretation of the Second Amendment, but the lower court opinions are mixed.  

[[Supreme Court]] opinions have all been consistent with the individual rights interpretation of the Second Amendment, but the lower court opinions are mixed.  

As of 2007, people argue about the meaning of the Second Amendment, but there is no definitive answer. The latest ruling is ''Parker v District of Columbia'', in which the DC Circuit court of appeals ruled on March 9, 2007 that the [[Washington, D.C.|DC]] gun ban violated individual rights under the Second Amendment.

As of 2007, people argue about the meaning of the Second Amendment, but there is no definitive answer. The latest ruling is ''Parker v District of Columbia'', in which the DC Circuit court of appeals ruled on March 9, 2007, that the [[Washington, D.C.|DC]] gun ban violated individual rights under the Second Amendment.

===The One Comma vs. The Three Comma Debate===

===The One Comma vs. The Three Comma Debate===

Down to the Last Second (Amendment)

Down to the Last Second (Amendment)

Participants in the various debates on firearms, crime, and constitutional law may have noticed that the Second Amendment is often quoted differently by those involved. The two main variations differ in punctuation &mdash; specifically, in the number of commas used to separate those twenty-seven words. But which is the correct one? The answer to this question must be found in official records from the early days of the republic when the Bill of Rights was sent by the First Congress to the states for ratification. Therefore, a look into the progression of this declaratory and restrictive clause from its inception to its final form is in order.

Participants in the various debates on firearms, crime, and constitutional law may have noticed that the Second Amendment is often quoted differently by those involved. The two main variations differ in punctuation &mdash; specifically, in the number of commas used to separate those twenty-seven words. But which is the correct one? The answer to this question must be found in official records from the early days of the republic when the Bill of Rights was sent by the First Congress to the states for ratification. Therefore, a look at the progression of this declaratory and restrictive clause from its inception to its final form is in order.

Before beginning, one must note that common nouns, like "state" and "people," were often capitalized in official and unofficial documents of the era. Also, an obsolete formation of the letter s used to indicate the long s sound was in common usage. The long 's' is subject to confusion with the lower case  'f', therefore, Congress" is sometimes spelled as "Congrefs," as is the case in the parchment copy of the Bill of Rights displayed by the National Archives. The quotations listed here are accurate. With the exception of the omission of quotations marks, versions of what is now known as the Second Amendment in boldface appear with the exact spelling, capitalization, and punctuation as the cited originals.

Before beginning, one must note that common nouns, like "state" and "people," were often capitalized in official and unofficial documents of the era. Also, an obsolete formation of the letter "s" used to indicate the long "s" sound was in common usage. The long 's' is subject to confusion with the lower case  'f', therefore, Congress" is sometimes spelled as "Congrefs," as is the case in the parchment copy of the Bill of Rights displayed by the National Archives. The quotations listed here are accurate. With the exception of the omission of quotations marks, versions of what is now known as the Second Amendment in boldface appear with the exact spelling, capitalization, and punctuation as the cited originals.

===Chronological History===

===Chronological History===

Why the Commas are Important

Why the Commas are Important

It is important to use the proper Second Amendment because it is clearly and flawlessly written in its original form. Also, the function of the words, "a well regulated militia being necessary to the security of a free state," are readily discerned when the proper punctuation is used. On the other hand, the gratuitous addition of commas serve only to render the sentence grammatically incorrect and unnecessarily ambiguous.

It is important to use the proper Second Amendment because it is clearly and flawlessly written in its original form. Also, the function of the words, "a well regulated militia being necessary to the security of a free state," are readily discerned when the proper punctuation is used. On the other hand, the gratuitous addition of commas serves only to render the sentence grammatically incorrect and unnecessarily ambiguous.

==Liberal targeting==

==Liberal targeting==

==Weapons covered==

==Weapons covered==

The drafters of the Second Amendment probably had muskets and hand guns in mind, but courts are now struggling to define the weapons covered by the "right to bear arms" in the 21st Century.

The drafters of the Second Amendment probably had muskets and handguns in mind, but courts are now struggling to define the weapons covered by the "right to bear arms" in the 21st Century.

For example, the Connecticut Supreme Court in [http://jud.ct.gov/external/supapp/Cases/AROcr/CR315/315CR113.pdf''State v. DeCiccio'' (2015)] upheld the constitutionality of a state law prohibiting the transportation of a police batton or dirk knife in a motor vehicle. Yet, the Court struck down the statute to the extent that it infringed on the defendant's right to transport them between his old and new residences.

For example, the Connecticut Supreme Court in [http://jud.ct.gov/external/supapp/Cases/AROcr/CR315/315CR113.pdf''State v. DeCiccio'' (2015)] upheld the constitutionality of a state law prohibiting the transportation of a police batton or dirk knife in a motor vehicle. Yet, the Court struck down the statute to the extent that it infringed on the defendant's right to transport them between his old and new residences.

There are also lower court cases finding Second Amendment protection for tasers, billy clubs, switchblades and other weapons that are less lethal than hand guns.<ref>{{cite web|url=http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/second-amendment-protects-dirk-knives-and-police-batons/|title=Second Amendment protects dirk knives and police batons|first=Eugene |last=Volokh |date=December 16, 2014|work=Washington Post|accessdate=February 7, 2015}}</ref>

There are also lower court cases finding Second Amendment protection for tasers, billy clubs, switchblades and other weapons that are less lethal than handguns.<ref>{{cite web|url=http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/second-amendment-protects-dirk-knives-and-police-batons/|title=Second Amendment protects dirk knives and police batons|first=Eugene |last=Volokh |date=December 16, 2014|work=Washington Post|accessdate=February 7, 2015}}</ref>

== Footnotes ==

== Footnotes ==