The Right To Public Safety

2008 Mar 20 Posted by Joseph Pascarella

The debate over firearms control is enjoying yet another historical evolution as the United States Supreme Court is attempting to interpret and apply the Second Amendment in the case of District of Columbia v. Heller. The raging and eduring debate is focused on one phrase, and perhaps one comma in the twenty-seven word amendment:

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. Does this mean that the government militia has the right to bear arms, or that individual citizens may bear arms as part of a miltia, or can individual citizens alone have the right to bear arms?

Firearms control is a topic that is hotly debated and perspectives are based and differ due to the various backgrounds, ideologies, and regional cultures of the United States. Perhaps the case of District of Columbia v. Heller will settle the debate over the original intent of the frames of the Bill of Rights.

Joe Pascarella

5 Responses to “The Right To Public Safety”

Jack Says:

It was quite interesting as I began employment years ago in Federal Probation and Parole (in the District of Columbia) that citizens were not allowed to possess firearms. Apparently, it was a ban instituted during a period when the District was in the midst of a violent and dangerous, drug epidemic. It will be quite interesting to see what the United States Supreme Court decides and how it will ultimately affect Public Safety in the DC Metropolitan area.

Joseph Pascarella Says:

Jack,

That is a great point. Often firearms control laws are based on a public sentiment at a particularly moment in history.

Joe

Mark Rubin Says:

The 2nd Amendment may be the most controversial in the Constitution. Individuals and PACs emphasize the words they deem most relevant…either “A well regulated militia…” or “the right of the people to…”. However, as in most cases, the interpretation of the Amendment by the Court does not necessarily reflect the framer’s INTENT, but the politics of the modern day. As I live and work in a state with a concealed carry permit statute, I tend to view the Amendment from an officer-safety perspective. I prefer to be the only one on the scene with a firearm; if this is the case, I would not have need to possibly use it. However, over the past several years (since the inception of the law), I have observed officers change their patrol tactics in response to the increased possibility of encountering an armed person, even on something as routine as a traffic stop; unsnapped holsters on approach, unholstered on a house door approach, etc. While the Bill of Rights is intended to protect the people from government abuses, we must consider the changes in our culture since 1789. One issue will remain constant regardless of the Court’s decision…the two factions will continue to argue over which phrase contained in the Amendment did the framer’s INTEND to emphasize.

M. R. Rubin

Jen Zammetti Says:

If you are interested in more specific detail about this case, check here: http://www.scotuswiki.com/index.php?title=DC_v._Heller
You have access to just about everything on this page.

Ken Fisher Says:

This is very simple, the Preamble begins, “We the people”. Not “We the militia” or “We the government”. Therefore, the meaning of THE PEOPLE means ALL Americans have the right to bear arms and it SHALL not be infringed. There is no room for “interpreting” this. There is no room for personal opinions on this. There is NO room for changing this. I have been sworn to protect and defend the Constitution on many occasions and I have done so. I will uphold my defense of this until the day I die.

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Public Safety Signals provides a venue for those working or interested in the public safety field to join in a conversation about the latest news, trends and important issues related to public safety. The authors are experienced professionals and educators in the field of public safety, but your topic suggestions and insightful comments are needed to keep this site relevant and engaging.

Authors

Picture of Dr. Charles Tiffin, a contributor to Capella's public safety blog.
Dr. Charles Tiffin
Program Chair, Public Safety Program, Capella University
Picture of Dr. Joseph Pascarella, author of Capella's public safety news blog.
Dr. Joseph Pascarella
Core Faculty Member, Capella University
Picture of Marion Mosser, author of Capella's public safety news blog.
Marian Mosser
Core Faculty Member, Capella University
Melissa Beasley
Captain, Florence Alabama Police Department
Darryl Jones
Capella University Learner and Chief, Pittsburgh Bureau of Fire
Lisa J. Bjergaard
Capella University Learner, and Director, Division of Juvenile Services North Dakota
Mark S. Warnick
Capella University Learner, Retired Asst. Fire Chief
Mark Rubin
Capella University Learner

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