The Legal Basis for the Right to Keep and Bear Arms in the United States

The right to keep and bear arms is a fundamental freedom that has been long-standing and deeply ingrained in the fabric of American society. The legal basis for this right is rooted in the Second Amendment of the United States Constitution, which has long been a cornerstone of individual liberty.

Surviving a Violent Threat

Consider the scenario where a bad guy enters your home, armed with a baseball bat and weighing 250 pounds. You are 150 pounds and your family is in danger. If you are a citizen of the United States and face this situation, the Second Amendment protects you from government infringement on your right to defend yourself and your family by any means necessary, including the use of arms of any kind.

Preserving Sovereignty and Freedom

The core reasoning behind the right to keep and bear arms is to preserve sovereignty and individual freedom, ensuring that the government remains of the people, by the people, and for the people. The right to arms is not only a form of personal protection but also a safeguard against the tyranny of an overreaching government.

The Historical Context

The Second Amendment finds its roots in the historical context of British Common Law and the Bill of Rights. The Founding Fathers, being well-versed in history and past political failures, knew the importance of maintaining a capable citizenry armed to defend against oppression.

During the pre-Norman England era, through the time of Wessex and beyond, the right to keep and bear arms was not just a right but an obligation. It was seen as a key component in maintaining the balance of power and protecting the common man from tyranny. This legacy carried over to the American colonies, which declared their independence and sought to assert this right as a fundamental component of their new nation.

The Constitutional Framework

The Second Amendment is part of the Bill of Rights, which was added to the Constitution to protect various individual liberties. The amendment is one of ten essential rights that helped to establish the framework for a free and democratic society in the United States.

The wording of the Second Amendment is straightforward: '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 wording emphasizes the collective nature of the right, but also acknowledges the individual right to bear arms.

The Struggle for Liberty

As the American colonies began their struggle for independence, they carried over the right to arms from British Common Law. However, this right was not without tension during the Georgian period. The British attempted various schemes to confiscate arms, leading to a growing schism between the colonies and the mother country. The Glorious Revolution saw a renewed faith in the right to arms controlled by Parliament, but this right was not fully respected in the colonies, leading to further restrictions and ultimately, revolution.

The Founding Principles

The Founding Fathers understood that the common man, having innate rights in the United States, was far freer than his British counterparts. The principles of a proper governmental role were further solidified in the new United States, where the power of the government was subject to greater scrutiny and the rights of individuals were more thoroughly protected.

The Second Amendment, therefore, is not just a juridical framework but a testament to the enduring principle that individual rights and freedoms are paramount. In an era marked by often strained political climates and growing concerns about government oversight, the Second Amendment continues to be a beacon of your constitutional freedoms and the rights inherited from our ancestors.

Conclusion

Whether it's in the face of a violent threat or as a foundational right that has evolved through time, the right to keep and bear arms is a cornerstone of the American ethos. It is a principled stand against tyranny and a commitment to individual liberty. As such, it remains a vital component of the American legal and constitutional framework.

The Second Amendment, a product of the wisdom and foresight of our Founding Fathers, serves as a reminder that a powerful and free society is built on the foundation of individual rights and the ability to protect oneself and one's family. It is a fundamental principle that continues to shape the legal and social landscape of the United States.