There has been a lot of debating over the last few months about what the second amendment actually says and how it protects the rights of U.S. citizens. To truly understand what the amendment meant, you must first realize that the usage of certain terms has evolved over time. For example, it is likely that the term militia was meant to represent anyone who was able bodied and of a certain age range. However, the second amendment goes on to stipulate that this militia must be well-regulated, and that most likely was a reference to ensuring that anyone who is carrying a gun has been properly trained. The only way to make sure of this, however, is to require certain government imposed guidelines, including a licensing process for guns.
The part of the amendment that has been the most hotly debated is whether or not regulating or even banning a specific type of gun will infringe upon the right to bear arms. There are a few things that need to be considered when determining what the actual intention of the second amendment was. First off, the guns that were used during that time period were very different from those that are available today. In addition to which, there is nothing in the amendment that stipulates that U.S. citizens will have the right to own or carry any type of gun that they choose. Instead, it simply says that citizens will have the right to bear arms. Therefore, if the government restricts a specific type of gun, they are not disregarding the second amendment. In fact, the amendment actually provides lawmakers with the right to restrict the possession and usage of firearms to only those who are considered to be part of a militia. Because of this, background checks and other restrictions are technically constitutional, especially when you consider that a militia was meant to be a group of people who were able to meet a specific set of criteria.
There are a lot of people who broadly interpret the amendment to mean that they have the right to own and carry a gun with them anywhere within the country. Regardless of whether or not that is what was originally intended by the amendment, each state has put laws in place to protect its citizens. For example, if you have an unlicensed firearm or are carrying a concealed weapon without a permit in Maryland, you can be arrested and charged with a crime. According to Maryland criminal defense lawyer, Colleen Kirby, “The penalties associated with gun related crimes can vary greatly depending on what type of weapon you have and the manner in which you are using it.” This is one charge you definitely need an experienced attorney for – after all, no matter how you interpret the second amendment, you can still go to jail for breaking the law.
Freelance author Anthony Joseph enjoys writing about many different ares of the law, and contributes this article to help bring awareness to the gun issue going on in the country. Maryland criminal defense lawyer, Colleen Kirby is a former prosecutor as well as a member of the Maryland State Bar Association. Having the right attorney on your side in those difficult situations, can make all the difference in the outcome, and Attorney Kirby has the skills and experience necessary to provide you with a successful defense.
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