Top Pro & Con Arguments

Con

The Second Amendment was intended to protect gun ownership of all able-bodied men so that they could participate in the militia to keep the peace and defend the country if needed.

According to the United States Code, a “militia” is composed of all “able-bodied males at least 17 years of age… under 45 years of age who are, or who have made a declaration of intention to become citizens of the United States and of female citizens of the United States who are members of the National Guard.” [99] Therefore, the militia mentioned in the Second Amendment would have been composed of almost all adult men and, in turn, that most adult men should not have their right to own firearms infringed. [100] A 1792 federal law required that every man eligible for militia service own a gun and ammunition suitable for military service, report for frequent inspection of their guns, and register their gun ownership on public records. [101] Daniel J. Schultz, lawyer, stated, “the Framers [of the Constitution and Bill of Rights] understood that ‘well-regulated’ militias, that is, armed citizens, ready to form militias that would be well trained, self-regulated and disciplined would post no threat to their fellow citizens, but would, indeed, help to ‘insure domestic Tranquility’ and ‘provide for the common defence.'” [100]

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