top of page
  • Writer's picturePeter Serefine

Upholding the Second Amendment: Challenging the Constitutionality of Gun Control Laws


In recent years, the debate surrounding gun control has intensified, with calls for stricter regulations in the name of public safety. However, it is imperative to critically examine the constitutionality of such laws, as the right to bear arms is a fundamental aspect of individual liberty enshrined in the Second Amendment of the United States Constitution. This article argues that all gun control laws are infringements on this cherished right, rendering them unconstitutional and void.


The Second Amendment:


The Second Amendment of the Constitution reads,


“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.”

The language is clear and unambiguous, affirming the individual’s right to possess and carry firearms.


The Intent of the Founders: Protecting Individual Liberty and Safeguarding Against Tyranny


To fully grasp the intent of the Founding Fathers regarding the Second Amendment and the right to bear arms, it is crucial to delve into their writings, debates, and the historical context of the time. Understanding their perspective helps shed light on why they considered an armed citizenry essential for protecting individual liberty and safeguarding against potential abuses of power.


Preserving Individual Liberty: The Founders believed that the right to bear arms was integral to preserving individual liberty and the natural rights of citizens. They recognized the inherent dignity and autonomy of individuals and their ability to protect themselves, their families, and their property. In their view, an armed citizenry acted as a deterrent against both domestic and foreign threats, ensuring that the power of the government remained in check.

Resistance Against Tyranny: The Founders, having experienced the oppressive rule of the British Crown, were acutely aware of the potential for governments to become tyrannical. They recognized that an armed populace served as a crucial safeguard against the concentration of power in the hands of a few. The right to bear arms was seen as a means for citizens to resist and defend themselves against any future attempts to infringe upon their freedoms or usurp their natural rights.

Individual Self-Defense: The Founders also emphasized the importance of self-defense. They believed that individuals had an inherent right to protect themselves, their families, and their property from any immediate threats. The ability to possess and carry firearms empowered citizens to take responsibility for their own safety and security, promoting a sense of self-reliance and personal agency.

Militia as a Check on Government: The Second Amendment mentions a “well-regulated Militia,” which some interpret as referring to the collective right to bear arms rather than an individual right. The Founders viewed the militia as a vital institution that could act as a check on potential abuses of power by the federal government. They believed that a well-regulated citizen militia, composed of ordinary citizens with access to arms, would serve as a counterbalance to a standing army and prevent the concentration of military power in the hands of the government.

Historical Context of the Revolutionary War: The Founders’ experiences during the American Revolutionary War played a significant role in shaping their views on the right to bear arms. The war was fought against the backdrop of British attempts to disarm the colonists, as seen in the confiscation of firearms during events like the Battles of Lexington and Concord. These incidents reinforced the importance of an armed citizenry in resisting oppression and asserting their independence.

The intent of the Founders regarding the Second Amendment was to ensure the protection of individual liberty, provide a means for citizens to defend themselves against immediate threats, and establish a check on potential government tyranny. The right to bear arms was seen as fundamental to the preservation of a free society, promoting self-defense, and safeguarding against the concentration of power. Their writings and historical context underscore the significance they placed on an armed citizenry as a pillar of democratic governance and the protection of individual rights.


Infringement on the Second Amendment:


Gun control laws, by their very nature, infringe on the Second Amendment rights of law-abiding citizens. Whether it be restrictive licensing requirements, bans on certain firearms or accessories, or limitations on magazine capacity, these laws impede the exercise of a fundamental right without just cause.


Because the courts recognize that all laws are infringements, and therefore all gun laws are violations of the second amendment they have adopted the practice known as strict scrutiny. This practice is intended to keep government from infringing too far.


Strict Scrutiny:


To justify restrictions on constitutional rights, the government must demonstrate a compelling state interest and narrowly tailor its regulations to achieve that interest. However, gun control laws often fail to meet this high standard. The burden lies with the government to prove that these laws are necessary and effective in achieving their intended purpose, while also respecting individual liberties.


Compelling State Interest:


For a gun control law to pass strict scrutiny, the government must prove that it has a compelling state interest. This means that the government must show that there is a significant and legitimate reason for the law that outweighs the potential infringement on individuals’ Second Amendment rights. Examples of compelling state interests often cited include public safety, reducing crime rates, preventing mass shootings, and protecting the well-being of individuals and communities.


Narrow Tailoring:


Under strict scrutiny, even if a compelling state interest is identified, the law must be narrowly tailored to achieve that interest. This means that the law should be specifically crafted to minimize the impact on Second Amendment rights while still effectively addressing the identified state interest. The law must be the least restrictive means available to achieve the desired objective.


Empirical Evidence: Examining the Impact of Gun Control Measures


Assessing the impact of gun control laws and regulations through empirical evidence is crucial for understanding their effectiveness in achieving their stated objectives. While the subject remains contentious and studies may present conflicting findings, a comprehensive examination of available research provides valuable insights into the complex relationship between gun control and various societal factors. Here, we explore the empirical evidence surrounding gun control measures and their effects.


Relationship between Gun Ownership and Crime Rates: Numerous studies have attempted to determine the correlation between gun ownership rates and crime rates. Some research suggests a positive association between higher levels of gun ownership and increased rates of firearm-related homicides or suicides. However, it is essential to consider the broader context and acknowledge that many other factors, such as socioeconomic conditions, mental health, and cultural dynamics, contribute to crime rates. Additionally, contrasting studies highlight that lawful gun ownership can also act as a deterrent to crime or serve as a means of self-defense.

Defensive Gun Use: Estimates of the frequency of defensive gun use, where firearms are used by law-abiding citizens to deter or prevent crimes, vary widely. According to a survey conducted by the National Crime Victimization Survey (NCVS), there were roughly 67,740 defensive uses of firearms in 2019.

The Center for Disease Control (CDC) had published, but has since removed its 2021 findings on defensive gun use. Their study had estimated between 60,000 and 2.5 million incidents of defensive gun use in the United States in 2021.

Impact on Violent Crime: Research on the effectiveness of specific gun control measures in reducing violent crime yields mixed results. Studies examining the impact of policies like assault weapons bans, background checks, waiting periods, and magazine capacity limitations have produced varying conclusions. While some studies suggest modest crime reductions associated with certain measures, others find little to no significant effect. In short, there is very little proof that any gun laws have ever been effective at reducing violent crime.

Suicide Rates and Gun Access: Studies exploring the relationship between gun access and suicide rates provide valuable insights. Some research indicates that limiting access to firearms may reduce firearm-related suicides, as the means of suicide play a crucial role in impulsive acts. However, it is important to note that restrictions on firearms do not necessarily lead to an overall reduction in suicide rates, as individuals may turn to alternative methods. Once again, no proof that gun control laws have a noticeable impact on overall suicide rates.

It Is important to approach empirical evidence with a critical lens, recognizing the limitations of studies and the complexities inherent in studying gun control’s impact on societal outcomes.


Ultimately, all gun control attempts to date have fallen short of the high bar of strict scrutiny. These laws are rarely narrowly tailored and the is scant evidence of their effectiveness, yet thousands of gun control laws still exist.


The Slippery Slope: A Concern for Second Amendment Rights


The concept of the slippery slope refers to the notion that the acceptance or implementation of one policy or regulation can lead to a gradual erosion of rights or the adoption of increasingly restrictive measures. When applied to gun control, the slippery slope argument highlights concerns about the potential escalation of regulations and infringements on Second Amendment rights over time. To better understand this argument, let us examine the historical progression of gun control laws in the United States.


First Gun Control Laws:


The United States has a history of enacting firearms regulations, some of which date back to the colonial era. These early laws were typically focused on promoting public safety rather than limiting access to firearms. Examples include laws requiring the storage of gunpowder in specific locations or restrictions on firing guns within towns. These measures were localized and generally aimed at preventing accidental fires or protecting public order.


Shift Towards More Restrictive Laws:


The trajectory towards more significant gun control measures began in the early 20th century, marked by the passage of the National Firearms Act (NFA) in 1934. The NFA imposed regulations and taxation on certain firearms, including machine guns, short-barreled rifles, and sawed-off shotguns. This marked the first federal attempt to regulate specific types of firearms.


Over time, further restrictions were enacted, such as the Gun Control Act of 1968, which prohibited the sale of firearms to certain individuals, including convicted felons and those with mental health issues. The passage of the Brady Handgun Violence Prevention Act in 1993 introduced background checks for firearm purchasers from licensed dealers.


In addition to federal laws, state and local jurisdictions have enacted their own gun control measures, leading to a patchwork of regulations across the country. These measures range from waiting periods and ammunition restrictions to bans on certain types of firearms and accessories. The variations in laws from state to state demonstrate the potential for an incremental erosion of Second Amendment rights as each jurisdiction introduces its own set of regulations.


Today, the exact number of gun laws in the United States is difficult to ascertain due to the vast array of federal, state, and local regulations. However, it is estimated that there are thousands of gun control laws currently in existence, reflecting the cumulative effect of decades of legislation and regulatory actions.


This proliferation of gun laws raises concerns about the potential expansion of regulations and their impact on law-abiding gun owners. Once the door was opened to gun control measures, it became increasingly challenging to prevent further encroachments on Second Amendment rights. Each new law sets a precedent for additional restrictions, creating a climate where further erosion of gun rights may occur.


Conclusion:


Gun control laws that infringe on the Second Amendment rights of law-abiding citizens are constitutionally suspect and should be challenged. The right to bear arms, as intended by the Founding Fathers, is an essential component of individual freedom and a safeguard against tyranny. While the government has a legitimate interest in public safety, it must pursue alternative means that respect the rights of responsible gun owners and address the root causes of violence. Upholding the Second Amendment is not just about preserving a constitutional right but also safeguarding the principles upon which our nation was founded.

8 views0 comments
bottom of page