During the times of war and reprisals, all soldiers involved in the protection of the people's security were allowed to possess guns. Through the second amendment, private men who were able bodied were granted with right to bear arms and the necessity of having such was acknowledged by the drafters of the constitution. It was purposely to defend the laws and protect the people. However, at present, states are promulgating statutes regulating the use and possession of firearms because of the increasing number of crimes where use of a gun is involved.
This has caused a conflict between the constitutional right of an individual to possess a gun and the right of the state to regulate them. To build the relation of the two, it is first necessary to arrive at a clear understanding of the purpose of the Constitutional provision. By definition, militia is a body of able-bodied male citizens who can be called to military service as declared by the law. Right to bear arms has been granted to physically fit men who can contribute in the military service when an event of necessity arises.
They are allowed to possess the arms only to use during the military service and not on all occasion and neither can be used in the commission of a crime. The regulation also of gun possession, transport, and use, on the other hand, is based on a noble cause. It is in the best interest of the people that all guns purchased, owned or transferred be regulated to prevent further abuses and to locate easily the perpetrator of a crime. It is indeed gun versus gun and right versus right.
However, the framers of the 2nd amendment's idea behind the provision did not give absolute rights to an individual to bear arms because he is still subject to the laws that regulates them and in order to further avoid indiscriminate usage or disposal. The present status quo does not necessarily compromise the right of the people in order to be protected from the criminals with that of the Constitutional right. The gun laws therefore do not contradict but merely regulate the provision of second amendment.
“Militia. ” 2008. Merriam- Webster Online Dictionary. 24 May 2008 <http://www. merriam- webster. com/dictionary/militia>.