Today we are taking time to answer all your questions pertaining to the Second Amendment. It is our God-given Constitutionally protected right that secures all our other rights, and it is what keeps us free from tyranny. We know that 2A is just as important to you as it is to us, and to all Americans (whether they acknowledge it or not). The folks here at Lucky Shot proudly stand with all of you in our faith in the wisdom of the founding fathers when they wrote the Constitution and amended it with the Bill of Rights. They didn’t know what we’d be up against in 2022, but they were wise enough to ensure our liberties so that we can continue to defend ourselves. There have been tomes dedicated to the Second Amendment written by people who have dedicated years of study to its meaning, intent, and application, but since the Bill of Rights is for the American people (and we are Americans who are for the Bill of Rights), we are going to dive right in. We also received some questions about some of the other Constitutional amendments, and we'll answer those, too. So kick back, relax, and let’s take a look at the Second Amendment and the Bill of Rights. While you’re at it, why not join us in a little 2A drinking game?
Q: What does the 2nd Amendment say? What is the exact wording of the Second Amendment?
A: The 2nd Amendment states: “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.” You’ve got a lot of reading left to do, so let’s quickly have a drink and keep going. Oh look, we have the perfect glass:
Q: Who wrote the 2nd Amendment?
A: James Madison wrote the Second Amendment. Madison drafted what became the Constitution’s first 10 amendments, known as the Bill of Rights. Thomas Jefferson inspired the creation of the Bill of Rights when he stated, “A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.” The Bill of Rights has inspired us to take a drink, which we will do from this Old No. 2 glass:
Q: When was the 2nd Amendment written?
A: 1789. On June 8, 1789, James Madison introduced the Bill of Rights to the House of Representatives. After some debate, the Bill of Rights consisting of 17 amendments to be added to the Constitution was passed by the House and went to the Senate. The Senate began considering the amendments to the Constitution on September 2, 1789. They altered and consolidated the amendments into 12 articles on September 9, 1789.
Q: When was the 2nd Amendment passed?
A: On September 25, 1789 Congress agreed upon 12 amendments and they were sent to the states for approval. Time to celebrate 1789, let’s drink again:
Q: When was the 2nd Amendment ratified?
A: Articles three through twelve (which became amendments one through 10) were ratified by the states and became the Bill of Rights on December 15, 1791. Hopefully after reading the answers to this and the previous questions, you’ve learned the history of the Second Amendment and how it became part of the Constitution. We’re still thirsty, are you? Time for a drink in celebration of 1791:
Q: Why was the 2nd Amendment written?
A: The Constitution specified what the government could do, but not what the government could not do. In order to gain support for the Constitution from Anti-Federalists, who were apprehensive about a strong centralized government, the framers of the Constitution took heed and drafted amendments to the Constitution. Americans, having recently obtained freedom from the English monarchy, wanted a strong guarantee that their new government would not encroach upon their hard-won freedoms. The Bill of Rights (including the Second Amendment) was intended to protect what was referred to in the Declaration of Independence as “unalienable rights”, which the original American citizens believe were their natural or God-given rights.
Q: What is the Second Amendment right in simple terms?
A: In simple terms, 2A protects the private right of individuals to own firearms for their own defense. In the 2008 case District of Columbia v. Heller, the Supreme Court held that the “Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Let’s drink to celebrate the District of Columbia v. Heller ruling; here is the perfect glass:
Q: What does bear arms mean in the 2nd Amendment?
A: The right to bear arms refers to a person’s right to possesses weapons. The word bear means carry. A person who bears arms is one who carries a gun. If we look at a proposed amendment to the draft of the Constitution put forth by Pennsylvanian delegates to the convention to ratify the US Constitution, we can see that at the time of the adoption of the Constitution and the Bill of Rights, bearing arms meant then what it does now: self-defense, defense of state or country, and hunting.
“The people have the right to bear arms for the defense of themselves and their own state, or the United States, or for the purpose of killing game.”
Q: Does the 2nd Amendment protect the right to bear arms?
A: Yes, and thank goodness it does. When the Second Amendment was written, a militia consisted of individual citizens who would almost always arm themselves with their own gun – the one they used in their everyday life. The Second Amendment is upheld by the six justices on the Supreme Court who have conservative views; three of them are originalists who believe that the Constitution is fixed in meaning. They interpret and apply it with the framers’ original intent. After all, the founding fathers were all originalists, too. Take a drink and repeat, “we the people have the right to bear arms”:
Q: Does the Second Amendment only apply to militias?
A: This is one of the chief arguments of those wishing to impose restrictions on 2nd Amendment rights. The second amendment does not only protect militias that are “well-regulated” by the government. Well-regulated did not then and does not now mean “well-controlled” or regulated by the government. Well-regulated meant well-trained and ready to fight. And a militia was not a bunch of dudes wearing camo, running around in the woods. Prior to the creation of the Continental Army during the revolutionary war, militias were raised in each colony during specific crises, and were the only domestic military force available. It is important to remember that a militia was not a military force under the control of the federal government, like an army. When the colonies formed the United States of America, they became a Constitutional Federal Republic. In 1789, the founding fathers very much thought of themselves as living in a republic, and were leery about the potential power of the federal government. Their hard-won freedom from Britain was still fresh in their minds. The idea was that well regulated militias could form in the states that made up the union, and this free association of citizens that made up the militias would act as a safeguard against the power of the federal government and it’s military forces. Afterall, this is essentially who had fought in the American Revolution and faced down the best standing army in the world to secure a free state, or rather, the United States of America. The founding fathers wanted to ensure that the Americans would always be able to arm themselves and form citizen militias to defend and preserve their freedom. Let’s drink to self-armed citizen militias:
Q: What was the original intent behind the Second Amendment?
A: That’s a good question. Understanding the original intent of the framers of the Constitution helps us understand what rights the Second Amendment protects. Tench Coxe, a member of the Continental Congress, described the purpose of 2A as follows: “As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear private arms.” It’s pretty clear that Mr. Coxe is saying that people have the right to own and carry firearms.
George Tucker, a Revolutionary War militia officer, legal scholar, and later a U.S. District Court Judge wrote about the Second Amendment in his popular edition of Blackstone’s Commentaries, published in 1803. “The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government.” In the appendix to the Commentaries, Tucker elaborates further, “This may be considered as the true palladium of liberty…The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” Tucker’s remarks provide solid evidence that the militia clause did not restrict the right to bear arms to active militia members. Not only that, but Tucker also mentions that the individual right to keep arms pertains also to self-defense. Let’s toast to Mr. Coxe and Mr. Tucker with this glass set, we’ll pour one for each of them and have one ourselves:
Q: Please explain the Federalist Papers 2nd Amendment connection.
A: The Federalist Papers are a series of essays written by Alexander Hamilton, John Jay, and James Madison in support of the U.S. Constitution. The right of individuals to keep and bear arms is referenced in several of the essays.
- Alexander Hamilton in Federalist, No. 29 did not view the right to keep arms as being confined to active militia members.
- James Madison in Federalist No. 46 expressed the idea that the citizens’ right to arm was an advantage that the American people possessed over the people of almost every other nation, and that this advantage was enhanced by having an organized and properly directed militia. Madison contends that these two things together would be enough to overturn a tyrannical government.
- The founders contended that the people with their arms had the right to restore their republican from of government by force, if necessary. In Federalist No. 28, Alexander Hamilton wrote about the original right of self-defense and clearly states that the people with their own arms have the right to self-defense against a tyrannical government. A citizen-militia is the ultimate check against the power of the state or national government. That is why the founders guaranteed the right to the people as opposed to only active militia members or a state militia, though the Second Amendment acknowledges the right of a state to maintain a militia. Hamilton very clearly articulates a recurring theme of the people’s right to keep and bear arms as individuals, which is enhanced by a militia, is what provides for the security of a free state.
Q: Why is the 2nd Amendment important?
A: The uninfringed right to bear arms protects all our other rights. The founding fathers knew that the people having the uninfringed right to arm themselves is what would allow them to maintain their freedom. Tench Coxe, a founding father, said that the military forces needed to defend our country might take advantage of their power, and so the people of America had a right to their own firearms. The founding fathers were just ensuring that future generations would be able to do what they had just done for themselves against the King George III and the British Army. God, guns, and guts made America free, so let’s celebrate our freedom with a drink:
Q: What is the Second Amendment?
A: Wow, that was quite the list of very similar questions, and we appreciate how they are arranged in descending order with respect to adherence to grammar. We’ll go through this once more for the folks in the cheap seats: “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.” Learn it, live it, love it. We’re thirsty and we plead the 2nd:
Q: What does the Second Amendment mean in simple terms?
A: The Second Amendment means that the government can’t constitutionally pass laws to infringe upon your right to own and carry firearms. Remember, in 1789 there were no laws regulating gun ownership. Ownership of firearms in colonial days (and beyond) was part of everyday life. The right for an individual to bear arms was completely self-evident, and many colonies protected an individual’s right to bear arms in their constitutions before the Bill of Rights was even written.
Q: What does the Second Amendment protect?
A: Our freedom. The framers of the Constitution knew then it would be necessary, and patriots now hold tight to their arms because they know that they are what prevent tyrannical government overreach. Patriots together are collectively a militia that secures our free state, just like they were back then at the time of the Revolutionary War. We stood united and became a new nation, let’s just have a sip to commemorate that…naw, let’s drink and celebrate!
Q: What is the main point of the Second Amendment?
A: The main point is to keep the government’s gun-grabbing hands off your firearms. As George Tucker wrote in 1803, “The right of self-defense is the first law of nature,” and the Second Amendment ensures that the government can’t limit that right or take it away. Let’s drink to acknowledge our fundamental right to self-defense, after all it is better to be judged by 12 than carried by 6:
Q: Why does the Second Amendment exist?
A: Because the founding fathers were pretty dang wise. Because they understood the propensity of power to create tyrants. And because of that, they constructed a new form of government to be of the people, by the people, and for the people. While they saw the necessity of establishing a centralized federal government, they created the Second Amendment to protect the people from the power that created. We’ll drink and 2nd that:
Q: What is a sanctuary city for 2nd Amendment?
A: A Second Amendment sanctuary is also known as a gun sanctuary, and refers to states, counties, cities, or localities that have adopted laws or resolutions to protect gun rights and to prevent the enforcement of unconstitutional gun laws. Second Amendment sanctuaries are established to secure the gun rights of law-abiding citizens. 2A sanctuaries work to protect our rights and we the people will drink and protect the 2nd:
Q: Is Tennessee a 2nd Amendment sanctuary?
A: Yes, the state of Tennessee is a Second Amendment sanctuary. On June 2, 2021, the “Tennessee Second Amendment Sanctuary Act” was enacted, which declares a treaty, executive order, rule, or regulation of the U.S. government that violates the federal second amendment as null, void, and unenforceable in this state and prohibits the state and political subdivisions from using public resources to enforce, administer, or cooperate with the enforcement or administration of any such treaty, executive order, rule, or regulation.
Q: Which states are 2nd Amendment sanctuary states?
A: There are currently 19 states that have enacted Second Amendment sanctuary laws or resolutions:
- New Hampshire
- North Dakota
- South Carolina
- South Dakota
- West Virginia
Q: Is Tim McGraw against the 2nd Amendment?
A: Having no idea how to get in touch with Tim McGraw to ask him these questions, we instead read a recent interview he gave regarding his views on gun control. In 2017 McGraw spoke out in support of gun control when he told Billboard that common sense gun laws were necessary and disputed the argument that such laws infringe upon the Second Amendment. McGraw said, “Look, I’m a bird hunter – I love to wing-shoot. However there is some common sense that’s necessary when it comes to gun control. They want to make it about the Second Amendment every time it’s brought up. It’s not about the Second Amendment.” Um, yes, it actually is about the Second Amendment. That’s exactly what it’s about, every time. “Common sense” gun laws are infringements, hence it being about the Second Amendment. And who gets to determine what constitutes “common sense”? Tim McGraw? Thanks, but we’ll pass. The framers of the Constitution saw this one coming 1,776 miles away when they enshrined our right to bear arms against the “common sense” of politicians (and country music superstars) attempting to usurp our freedom. But it’s cool, Tim, you’re a bird hunter, so you definitely get what’s it’s like for all of us freedom-loving, average folks out here in America. Oh wait, you’re actually a country music AND Hollywood superstar. Hmmm. We bet your bodyguards are always packing heat…
P.S. Tim McGraw performed at the Joe Biden inauguration TV special.
And we’ll keep our guns because we have common sense, so suck it, McGraw. Reading your hypocritical statements about “common sense” gun laws has left a bad taste in our mouth, we’ll just take care of that with a drink:
Q: What is the main controversy about the 2nd Amendment?
A: The main controversy is about whether 2A protects an individual’s right to keep and bear arms or if it only applies to modern-day U.S. military militia organizations, such as the National Guard, which started out as a loose collection of colonial militias and has transformed into a well-trained and equipped force of civilian soldiers. Those who view the Second Amendment as being restrictive as to whom it applies are completely disregarding the preponderance of writings by the founding fathers, framers of the Constitution, and author of the Bill of Rights about the amendment’s purpose. James Madison’s original draft of the Second Amendment reads as follows: “The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person.” Basically the people had the right to keep and bear arms, but you didn’t have to serve in the military if shooting a gun went against your beliefs. We already covered how militias at the time were composed of citizen volunteers who largely armed themselves. So Madison is saying that the people’s right to have and carry guns can’t be limited, as citizens who own guns are able to come together and form a militia in order to make sure the United States of America remains a free country. After all an armed man is a citizen, an unarmed man is a subject; let’s drink:
Q: Please explain the 2nd amendment debate both sides?
A: The two sides of the Second Amendment debate are:
- Gun control is necessary. The founding fathers couldn’t possibly have conceived of the notion that guns might become more sophisticated over time, even though arms had already evolved throughout history. The Bill of Rights is super old and is no longer totally applicable. Because of this, we have to keep passing gun laws so that bad stuff no longer happens. Even though that hasn’t worked, we will just keep restricting the types of guns people can buy and who is allowed to carry them. The availability of guns is to blame for gun violence. Plus, we should trust that our government would never restrict our freedoms, take away our rights, and try to control us.
- Gun control violates the Second Amendment. Gun control laws do not keep guns out of the hands of criminals, but they make it harder for law-abiding citizens to obtain and carry a gun. The right to protect oneself is a fundamental right. Gun-free zones leave people unable to protect themselves. Good guys with guns do stop bad guys with guns. Guns have always been available in America, but the number of mass shootings has increased in recent decades; we should focus on the cause of that increase instead of blaming the weapon. The original purpose of the Second Amendment (to keep tyrannical government overreach in check), is still totally and completely applicable because only fools believe there is no corruption in government.
If criminals have guns, then we need them, too:
Q: What’s up with the recent Supreme Court ruling about 2nd Amendment gun control?
A: Freedom is what’s up. A Supreme Court decision in alignment with the Second Amendment is what’s up. And the morale of patriots nationwide is definitely what’s up. In a 6-3 ruling, the Supreme Court struck down a New York state law that made it difficult to obtain a permit to carry a handgun outside the home. The ruling will almost certainly render unconstitutional similar laws in more than half a dozen other states that allow licensing officials to restrict concealed carry permitting. Guess New York didn’t understand what “shall not be infringed” meant. Let’s toast to defending the Second Amendment:
That brings us to the end of our 2A question and answer session. We hope you learned some interesting and important facts about the Second Amendment. We did receive several other questions about other amendments included in the Bill of Rights, so we’ll answer those next. Whew, that was a lot of info about 2A, we need some liquid refreshment:
Q: What is the First Amendment?
A: The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”
Q: What are the first 5 rights in the First Amendment?
A: The five rights protected by the First Amendment are:
- Right to freedom of speech
- Right to freedom of religion
- Right to freedom of the press
- Right to assemble
- Right to petition the government
Q: What is the 1st Amendment simplified?
A: The First Amendment forbids Congress from both promoting one religion over others and restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably (the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective and shared ideas) and to petition their government (the right to present requests to the government without punishment or reprisal).
Q: What is First Amendment freedom of speech?
A: The right to freedom of speech allows individuals to express themselves without government interference or regulation.
Q: What is entailed with the freedom of religion amendment?
A: The First Amendment prevents the federal government form supporting an official religion. The federal government is also prevented from interfering with its citizens’ religious beliefs and practices. Religious beliefs are protected even when they do not conform to any particular religion.
Q: Why is the First Amendment important?
A: The first Amendment is important because it protects the fundamental rights of conscience, which are the freedom to believe and express ideas in a variety of ways. While many people consider the First Amendment to be the most important part of the Bill of Rights, we think that 2A is number one, because the Second Amendment protects the First Amendment. The Second Amendment protects all our freedoms and rights. Let’s drink and plead the 2nd:
Q: What is the 3rd Amendment
A: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner prescribed by law.”
Q: What is the 4th Amendment
A: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things seized.”
Thanks for taking the time to join us and learn about the Second Amendment and the Bill of Rights – we know we covered a lot and now we need a rest. Time to Eat, Sleep, Pew, and Repeat: