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Public Policy Essay

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Submitted By jennajenna
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Public Policy
Examination 2

The Second Amendment in the United States Constitution states, “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.” In other words, the people are given the privilege to personally own a gun as a form of self defense. This amendment ensures a free state. It is a common debated about what exactly the Second Amendment is saying. Many people say it is one of the worst worded amendment in the United State Constitution. Some say that it states the right of each individual person, just like many of the other amendments, but others say the word Militia is incorporated in there for a reason. The second amendment took a significant role in both the Heller v DC and Miller v US. ?
Jack Miller and Frank Layton were arrested for illegally carrying around a shotgun in public across the border of two states. They were arrested because they did not have a stamp on their gun that signifies they paid the taxes that were responsible to pay when owning a gun. This was necessary under the NFA, National Firearms Act. Miller argued that this violated his right to bear arms. The court understood the amendment as a right to a group of people brought together collectively for their same defense, rather than an individual right for their personal defense. It was decided that only guns can be used for militia service purposes only but this case did open the door to understanding and looking at the second amendment as an individual right as well.
Dick Heller, who was a police officer in the District of Columbia, wanted to register for his own personal hand gun, outside of his job, to keep at home but was denied. He argued that he was not given his rights listed in the Second Amendment. The ruling was found in favor of Heller stating that the amendment was written

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