Gun control

Gun control

Gun control cases in the United States of America have been on the rise. The United States v. Miller – 307 U.S. 174, 59 S. Ct. 816 (1939) case got to the Supreme Court, and it reversed the district court ruling. Jack Miller and Frank Layton were charged for possessing or using a shotgun that had a length of less than 18 inches in which the Second Amendment was violated because it does not pledge the right to keep, hold, bear, and use such firearms. The Supreme Court ruled that the gun was not a piece of ordinary equipment used in the military and did not form part of collective defense. Furthermore, the Supreme Court was not convinced with evidence provided by the prosecution that possession of shotgun has no relationship to the preservation of militia; hence, it does not contradict the second amendment.

McDonald v. The city of Chicago was a case that was appealed in June 2010 at the U.S. Supreme Court. In a ruling, the court determined that the USA Constitution, which is spelled in the Second Amendment, guarantees people the right to use, bear, handle, and keep firearms. Moreover, they ruled that the second amendment regulations are applicable in federal, local, and state governments. Also, the court ruled that the due process clause must be adhered to because every individual has a right to own or possess a firearm if due process was followed, and the gun is for self-defense.

Additionally, the Supreme Court incorporated the rights of people related to the criminal procedure that ensures the right to trial by jury; therefore, McDonald’s was guilty of any wrongdoing. Besides, the Second Amendment allows individuals to own guns, and it is incorporated under the immunities or privileges clause; hence, McDonald did not breach any of the laws. There was a concurring opinion among the judges that the District Court erred in their ruling.