The Second Amendment Brief
“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.”
Why was this amendment necessary?
As a new nation, we fought the tyranny of suppression to gain our Independence and establish a democracy as outlined in our Constitution.
Section 8 of Article 1 gives Congress the power “To raise and support Armies”. Unregulated, this was a threat to the newly acquired freedom.
It further states “To provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections and repel Invasions”. Again, this awesome power, without regulation, endangered the newly acquired Independence. The perceived danger was a one sided armed militia which, if not regulated or controlled, could have been abused in the early stages of our Independence.
The Second amendment, therefore, was enacted to achieve security of the free state by regulating the militia without infringing the right of the people to keep and bear arms in case the Congress became abusive in the implementation of Article 1 of the Constitution.
The arms of the times were entirely different from today’s arms.
When the second amendment was adopted, there were no weapons of mass destruction, as there are today.
The concern of the people, at the time of the adoption of the amendment, was to make sure that the militia would not become a party to the deviate actions of a dictatorial evolution of our Government, if that would ever happen.
Our nation has evolved to the greatest democracy in the history of mankind because our orderly transition of power is guaranteed by the electoral process and there is no reason to fear what our founding fathers felt when the second amendment was enacted.
As written, the second amendment makes no reference to safety.
Therefore, it is perfectly constitutional and mandatory for the Congress to enact laws for the protection of the safety of the people without infringing on the second amendment.
A well regulated ownership of military style weapons is mandatory to guarantee the constitutional rights of the free State and all the law abiding citizens.