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About Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies on behalf of clients; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono representation of select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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You are here: Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > second amendment
Expert: Robert P. Firriolo
Date: 4/15/2008
Subject: second amendment
Question
how does the second amendment affect usa today
Answer
That is an extremely broad, almost philosophical question. It is almost impossible to answer completely here, but I'll share with you some thoughts and suggestions for further reading on your part.
From a purely legal standpoint, the answer over the last several decades, and until very recently, was that the Second Amendment ("2A") has not been found by most courts to be a bar against many state and federal gun control laws.
However, two federal Courts of Appeal have recently held that the 2A protects an individual's right to keep and bear arms. One of those two courts struck down gun control laws in the District of Columbia on that basis. The United States Supreme Court heard the appeal of that decision, and is expected to render a decision by June of this year. That case is called District of Columbia v. Heller.
Given the comments by the justices at oral argument, it is widely expected that the Supreme Court will sustain the lower court and finds that the gun control law is unconstitutional. In doing so, the Court is likely to state that the 2A protects an individual right to keep and bear arms, and possibly also set a standard of review by which all gun control laws may be tested for constitutionality. If that happens, we can expect to see federal, state, and local gun control laws challenged in courts across America for years to come. The more vague the Supreme Court's ruling in Heller, the more work the lower courts will have to do to try to apply the decision to the laws. It could even take additional cases being reviewed by the US Supreme Court to fully establish the bounds of the amendment's protections. This process could possibly take decades.
You can read more about the 2A in this article:
http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution
and more about the Heller case in this article:
http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller
The answer above addresses the legal and constitutional aspects of your question. However, there is at least one other aspect. The 2A affects America today in a more fundamental way. The right to keep and bear arms is considered by many Americans (and I'd say most Americans) to be a sacred, God-given right that our Founding Fathers enshrined in the Bill of Rights. It has been called a right "first among equals" in that it is the only right that provides the means to protect all of the other rights we as Americans enjoy.
The 2A has been called many things, including a safety valve, a doomsday provision, and an insurance policy. The Founders recognized that if our government ever became tyrannical, arms in the possession of the people could be used to resist and overthrow that government, just as was done with the British during the Revolution.
Many people today believe that the 2A is just as valid today as it was in Colonial times in helping keep America free and giving Americans the ability to protect themselves, their families, their community, and even their nation from threats ranging from criminals, to civil disturbances (such as rioting during an emergency), to foreign invasions and terrorism. Thus, the 2A affects America today in almost a spiritual way, supporting traditional American notions of liberty, strength, self-sufficiency, independence, self-determination, and living free from fear.
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