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English Law and How It Inspired the American Second Amendment

jay

New Member
Nov 20, 2018
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The Second Amendment – the one that states that the right of people to bear arms should not be infringed. At this point, pretty much everyone can get their hold on a gun – provided they have reached the legal age, haven’t killed anyone, or do not have a history in mental breakdowns.
Therefore, if you feel the need to hold a concealed gun for safety reason, there should be nothing to stop the average person. The Founding Fathers clearly stated this when the law was adopted back in 1791 – but where did the idea come from really?
What Is the Second Amendment?
Over time, the Second Amendment sustained various modifications. When the law first came to pass, this is what the Constitution stated: “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” – United States Constitution, December 15, 1791.
The law was fairly confusing at first for many people – but what it was understood was that a soldier should have the right to bear arms if war comes to pass. However, considering that those were times of war, it is likely that most men were soldiers in the Independence War and had the right to bear arms.
Once the war was over, however, the right to bear arms was taken away from many – on the grounds that they were no longer self-defense. Controversy appeared in many corners – which is why the Heller decision brought some further clarifications to the supreme court in 2008.
Here, it was stated that the right to bear arms belonged to every individual who wanted to keep a gun in their home for self-defense. The only condition was that the bearer should not have long-standing prohibitions to bear firearms resulted from a felony, mental illness, or state law.
The laws were much stricter in the past – and someone who previously went through incarceration could not hold a gun nor would they be accepted within the British forces. The American forces followed this example as well.
Nowadays, people can “redeem themselves” over time – although this will mostly depend on the crime or the health issue that the person has gone through. Most of the time, there is a 5-10-year window in which a person can recover their right to bear arm – but if the crime or mental illness is too serious, then that right will be taken away.
The Origins of the Second Amendment
The Second Amendment is known to have its roots in many sources: the American revolutionary experience, the English law, and the political thoughts of contemporary Europe. However, the main idea was that people needed to be able to defend themselves – again tyranny and everything else.
Long story short, it was believed that if the government breached the social contact with its people, they would have all the right in the world to overthrow that government. And most of the time, this could not be done without guns.
This argument can actually be traced back to the Declaration of Independence when the British colonists overthrew the rule coming from the king of Great Britain. Therefore, in a way, you could say that the colonists are celebrating exactly this every year.
The Second Amendment was actually signed as a part of the Bill of Rights in the United Kingdom. Written and signed in 1689, Sir William Blackstone brought forward what he saw as an “auxiliary right” – one that supports the natural rights of humans and their resistance to oppression.
In 1788, several amendments were proposed in Delaware and other states of the US – but they were not adopted from the moment the Constitution was ratified.
For instance, there were fifteen Amendments that were debated by the convention of Pennsylvania – all of which concerned either the right of people to bear arm or the militia. This matchup led to what we know today as the American Second Amendment.
In the end, it was agreed upon that both militia and people looking for self-defense would have the right to bear arm – adding the Second Amendment as a ramification to the Bill of Rights.
Aside from the Revolution for Independence, the colonists also drew their inspiration from European Enlightenment political thinkers – namely, Jean Jacques Rousseau and John Locke. However, even though there was a collective right to bear arms, it was an issue when those firearms were pointed at your president.
There was much controversy in time over who would speak for the people and over who would protect their rights – but the fact that guns were still seen as an object of violence did not help matters much. Some legal commentaries stated that only officials had this right – whereas others claimed otherwise. This applied both to the English Bill of Rights and the American Second Amendment.
Nowadays, the gun law took a different turn in America compared to the United Kingdom. It is much more difficult to procure a gun in the United Kingdom than it is in the United States. The past experience – all starting with the Revolutionary War – proved to both the people and the government that the right to bear arm was crucial.
Final Thoughts
When the Second Amendment was brought up, it was as a means of protection against the tyranny of the government. From a colony wishing themselves to be freed from the oppressing monarchy, they took an example from their forefathers – and brought freedom to what they actually called the “land of the free people.”
Some may say that nowadays there is “too much freedom” in America – but thanks to the Heller decision, crime is actually kept in check. People have a way of protecting themselves against oppression and crime – and it all came from a law that was already present in the English society.
However, the Second Amendment of America is similar to the English Bill of Rights in the sense that it sets out the basic civil
 

Conservative Angle

Conservative Angle Administrator
Staff Member
Feb 22, 2018
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conservativeangle.com
When the Second Amendment was brought up, it was as a means of protection against the tyranny of the government.
The second amendment is the LAST line of defense against an out of control tyrannical government. The left knows this, which is precisely why they keep trying to confiscate our firearms.