preview

Senate Bill 656

Better Essays

With new years day, 2017, Missouri Senate Bill 656 went into effect. A highly contentious change to previous laws, it was vetoed by Jay Nixon, who was in turn overridden by Republican--and one Democrat--state senators. The primary function of the bill, though certainly not the full extent, is to allow all Missouri residents the right to carry firearms concealed in public without a liscense or training. While pro-gun and pro-gun-control advocates both have their laundry lists of arguments and rebuttals, most of what the public hears about gun rights is mere rhetoric, design to sound appealing. For a true understanding of changes in gun laws, the 2nd Amendment must be understood. Senate Bill 656 is a step forward in regards to the 2nd Amendment …show more content…

Senate Bill 656 does not allow for "well regulated" without context of "Militia," because it allows for all citizens to conceal arms instead of carrying them openly, which violates the above requirements for being considered a regular militia. However, militia has also changed in meaning. In the time of the American revolution militias was a localized fighting forces made of all able bodied men, more local even that state level as the Governors of the states were British appointees that the militias were rebelling against. Yet they were regular military forces, forming chains of command, carrying their weapons openly into battle, and following the laws of war while carrying their banners and flags. Our closest modern equivalent would be the National Guard. While they do fit the criteria for being regular militaries, the various National Guards of each state are not militias as the word was used writing the Bill of Rights. This is because they all fall under the ultimate command of the President, to use in any war America fights. More than just the 2nd Amendment, using state militias to fight in foreign wars is unconstitutional. The Constitution says, "The Congress shall have Power To ...provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" (US Const. Art. I, Sec. 8, Cl. 15). Fighting wars on foreign soil is the realm of the Army. The …show more content…

While this was intended to allow for individual states to handle things their own way and interpret laws differently, it has instead resulted in the consolidation of power into the hands of the federal government. Judges looking to change things for the better interpret the law in ways that will allow "reasonable" regulations and laws, but that is not the purpose of a judge. Laws are written in Legal English, a language all its own, and in this language words have specific meanings. When the 2nd Amendment says "the right of the people to keep and bear Arms, shall not be infringed" (US Const. Amend. 2), it is using very strong language in legalese. To give an example of the meaning of "shall not be infringed," take Bill of Rights author James Madison's proposal for religious freedom: "nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.***citation***" His intent was obviously not to allow numerous "reasonable" regulations on rights of conscience, ie religious choice and practice. Likewise was the intent towards the right to keep and bear arms. Senate Bill 656 is still an infringement on that right, but it is less so than was previously the law. Again, as with previous arguments, any step back towards the original purpose of the 2nd Amendment is a worthy

Get Access