Why the Second Amendment Matters

                Have you ever noticed how people do not make the argument that the First Amendment only applies to free speech of certain groups of people. What about the Fifth Amendment, no one ever says that the Fifth Amendment only applies to certain groups of people. So why do we do that with the Second Amendment? Anyone who wants to make sure that you cannot own a gun will tell you that the Second Amendment only applies to militias and the military.

 So let us make the argument that the First Amendment only applies to someone over the age of eighteen. Then children could not harass their teachers on the internet and hide behind the First Amendment. Let us also make the argument that the Fifth Amendment only applies to Militias, the word is there in the Fifth Amendment also.

 We will say that the Fifth Amendment only applies to Militias in the fact that they are the only ones protected from the illegal seizure of land, yeah that seems about right. After all the amendment includes the word Militia and it includes the clause that reads; “nor shall private property be taken for public use, without just compensation.” Now of course it does not mean that only Militias and Armies are protected under that idea. The Government cannot just come in and take your home or private property without just compensation.

 If the argument can be made that only the Militia is protected under the Second Amendment, then soon expect them to make the argument that only Militias are protected under the Fifth Amendment. No more private property, no more guns, no more America; sounds drastic, sounds erratic to make the argument that without our private property rights, without our right to bear arms then we will lose our nation. But think about this for a second, if they take away our ability to protect ourselves, and they take away our land will we really be the home of the free anymore?

 The second Amendment is clear, it reads; “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.” Notice how the word People is in bold and not the word militia. I did that because all too often those who would take our guns away stop at the word militia and make their argument that the second amendment only applies that far, they seem to forget that it is the right of the people to keep and bear Arms, all people.  

                Now I assume those who argue against gun rights, will tell you the Fifth Amendment actually reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Let me ask you this, if you can read past the word Militia in the Fifth Amendment, how come you can’t read past it in the 2nd

The views expressed in this article belong to the author/contributor and do not necessarily reflect the views of the Nolan Chart or its ownership


  1. Steve Storck says

    Please realize that no amendment (and no part of the government) grants rights. By definition, rights cannot be transferred, etc, so the rights that are referred to by the amendments are natural rights. The second amendment cautions and forbids infringement. It says that the right “shall not be infringed” but it doesn’t say that the people are hereby granted the right. The Constitution, and the amendments, by extension, only serve to limit the federal government and define its role and scope. Amendments further clarify those roles where necessary.

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