Are Gun Laws Necessary, a Quick Look at the 2nd Amendment
Gun laws throughout the nation are feel good laws that do nothing to quell the violence committed by criminals with guns while taking away rights from law abiding citizens. Now the Supreme Court is starting to rule those laws as unconstitutional.
Banning certain guns, restricting types of rounds, size of magazines, etc., do nothing to protect the American citizen, it just hurts those law-abiding citizens since they are the only ones who would actually follow the law. What does a criminal care about laws restricting the types of guns or bullets they can use? They aren’t following other laws when they commit crimes, why would they follow these so-called gun laws?
The Second Amendment was included for several reasons. The Second Amendment reads that “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 founders, having just fought against the tyranny of a king who, whether misled or intentionally, placed increasing restrictive and punishing laws and tariffs on the colonies, developed a constitution for a new republic, which provided checks and balances upon the Federal government. The first was in dividing the Federal government into three branches with each acting as a check and balance on the other. The second set of checks and balances on the whole of the Federal government was given to the States and the People of the Union.
When I was in law school, I did a research paper into the Second Amendment. What I discovered through reading the Federalist and Anti-Federalist papers written in support of the new Constitution and its amendments was an interesting aspect in the arguments for and against the Second Amendment.
As stated above, in this second set of checks and balances, our founding fathers thought having the citizenry armed would provide for a ready army to defend the new Nation against foreign invaders. The readings also showed me that the founding fathers wanted to have armed civilians in order to defend the new Nation against its leaders who attempted to rule the Nation like a dictator. When the President is sworn in, as is with most government positions, the oath that the President swears to states that the President will uphold the Constitution against all threats both foreign and domestic. When the President acts like a dictator, the Constitution provides, as a very last result, for the People to take action as provided by the Second Amendment.
This not to overthrow the government, but to remove those leaders who are destroying the government and our nation. Overthrowing the government means ripping up the Constitution. Our founders wanted to provide for the ability of the People to remove those in charge who are themselves destroying the Constitution.
Again, this is a very last resort when the leaders have attempted to become dictators. While many may say that both Biden and Trump fit this bill, neither did nor was or is even close to raising to that level. We have further to go before that happens, including impeachment, Article 25 of the Constitution, and the up-coming elections. The pendulum swings both ways.