Expert: Dan Haynes - 5/4/2010

Question
Hello Mr. Haynes,

My friend and I are making a documentary video for a project at school. For this project, we need an interview from an expert, so we found your website here and thought you were a reputable source.
Would you kindly please answer a couple of these questions?

1) When was the second amendment signed and accepted to be a part of the Bill of Rights, and why was this brought up by our Founding Fathers in the first place?
2) Does the Supreme Court interpret the second amendment differently each time they have a case about it?
  a) How does the Supreme Court interpret the second amendment today?
  b) What are the different interpretations of the second amendment?
3) What are some positive things about the second amendment?
4) What are some negative things about the second amendment?
5)What is your opinion about the second amendment? Do you think it should still be in the Bill of Rights? Why or Why not?
6) Is "arms" only related to guns and weapons or do explosives count too?

Thank you for your time and patience, Mr. Haynes.

Sincerely,
Jennifer Kang

Answer
Hello Jennifer,

I thank you for calling on me to answer these questions.

1. The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights.  

2. The Founding Fathers were all aware of the need to bear arms for the purpose of maintaining the freedom of the new Republic. They knew of the recent American Revolution, and the oppression of the British government.

2A. The US Supreme Court varies sometimes when ruling on the second amendment. The most recent case was McDonald v. Chicago.  They do not it interpret it different every time they hear a case about it.

McDonald v. Chicago

On September 30, 2009, the Supreme Court granted certiorari in, and so decided to review, McDonald v. Chicago. This case closely parallels NRA v. Chicago. A central issue before the Court will be whether the Second Amendment applies to the states.[157][158] Oral argument took place on March 2, 2010.[159] A ruling is expected this June.

2B. I will refer you to his link for the answers: http://www.loc.gov/law/help/second-amendment.php


3. Some positive things are that law abiding Americans may own firearms. These firearms enable us to hunt, target practice, to have right to self defense and help us to be free from oppressive governments.  Every country where the citizens have lost their firearms rights, they have lost their freedom too.

Some negative things about it are criminals do not care about the 2nd amendment and get their arms illegally for drugs, gangs and murder. In spite of Federal and State laws designed to prosecute these criminals, they still serve light sentences and may even go free after minimal time served in prison.

4. My opinion of the 2nd amendment is that it is the most important one of our Bill of Rights. If it goes away, so does our freedom. Yes it should be in the Bill of Rights.

5. Arms means firearms period. The right to keep and bear arms is for firearms. It does not mean you can have bombs or explosives.

A really good link to more information
http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution

I hope that my answers helped you in your project. If I can be of further assistance please let me know. Best regards,

Dan