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Second Amendment Rights And Powers In Franklin
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Franklin
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US-000298
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FAQ
During the Constitutional Convention, the Framers understood the necessity of a citizen militia to resist a potentially oppressive military if constitutional order broke down. The Second Amendment codified the individual right to firearm possession to combat this fear.
The Second Amendment granted citizens that right — giving them the ability to defend themselves and their property. Though times have changed dramatically, the need for defenses afforded by the Second Amendment has remained much the same. “…the right of the people to keep and bear Arms, shall not be infringed.”
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
"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 the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and ...
Quotation: "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." Variations: None known. Sources consulted: Papers of Thomas Jefferson Digital Edition.
The Founding Fathers felt that citizens should be able to protect themselves against the government and any other threat to their wellbeing or personal freedom. The Second Amendment granted citizens that right — giving them the ability to defend themselves and their property.
Without the Second Amendment, states and the federal government would be able to regulate the manufacturing, sale and use of fire arms any way they like. Government could even go as far as strictly prohibiting anyone from owning or using firearms. There is actually some debate about what the Second Amendment means.
"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 the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and ...
Abundant historical evidence indicates that the Second Amendment was meant to leave citizens with the ability to defend themselves against unlawful violence. Such threats might come from usurpers of governmental power, but they might also come from criminals whom the government is unwilling or unable to control.
As Justice Scalia pointed out in Heller, a militia is, therefore, a "subset of 'the people. '" This, he argued, creates a strong presumption that the Second Amendment right is an individual one that belongs to all Americans rather than a right only for those who serve in a militia.