3.5 Second Amendment: Rights to Bear Arms

The Second Amendment contains the right to bear arms. This means that a well-regulated militia is necessary to secure freedom and that individuals have the right to own weapons. Yet again, the courts ruling on the Second Amendment is based upon the balance between individual rights and the safety of society. 

The Second Amendment has been disputed in the court case of McDonald v Chicago (2010). Otis McDonald, a resident of Chicago, wanted to purchase a gun but was restricted by the city of Chicago because of the new handgun regulations.

McDonald sued and argued that the laws violated the Fourteenth Amendment due process clause which states that no state can make laws that infringe upon the rights and privileges of its residents. The Supreme Court agreed, using the Second Amendment right to bear arms in order to stop the gun control laws in Chicago. 

The Second Amendment has become increasingly important in recent years because of the increase in mass shootings in the United States. The debate on the safety of society versus individual rights is yet again relevant as groups such as the National Rifle Association, March for Our Lives, and other groups rally for their opinions on gun control.