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Colonial governments realized the need for a means of protection against foreign invaders including the Native Americans has the right to bear arms, where as collective right activists argue the “well regulated militia” as pertaining to the federal government’s duty to uphold a militia and therefore uphold and control the weapons. Thus individual citizens lose the rights to bear arms. These debates have become controversial because of the gun culture in America. The Founding Fathers believed that a self-sufficient army, private firearms, was the best protection of personal liberty and defense against the excessive powers of the Government (LaPierre). The people embraced their right to bear arms, it was common for every household and even every man to own and carry a firearm. Because the “firearms were seen as an insurance policy against American Indians, the British or French, and even against our own central government” (Froman). This tradition was unchallenged up until the court case Bliss V. Commonwealth in 1822. In which Bliss was convicted of breaking Kentucky legislature which says that “to prevent persons in this commonwealth from wearing concealed arms” (Amendment II). Bliss was found guilty of carrying a concealed sword in a cane. The case did not specifically involve firearms, but his right to bear arms and conceal them. Bliss appealed to the court being that the indictment on which he was guilty is incompatible the twenty third section of the tenth article of the Kentucky Constitution.

That section provides, “that the right of the citizens to bear arms in defense of themselves and the state, shall not be questioned'(Bliss v. Commonwealth). In other words, it is an individual right for citizens to bear arms. The courts found the original ruling to be unconstitutional and ruled in favor of Bliss with only one dissenting judge. The three rulings of the court were the right of the citizens to bear arms must be preserved, all acts of legislature that in any way impair or demesne it are null and void, and the act of preventing persons from concealment of weapons in unconstitutional. Bliss V. Commonwealth was the first court case to support the second amendment (Bliss V. Commonwealth). The later court case State V. Buzzard is in relation to Bliss V. Commonwealth. The only difference was the original ruling. The high courts of Arkansas rejected a case challenging the legal concealment of a weapon. Buzzard had been indicted on charges of violating the 13th section of the Legislature which prohibits “any person wearing a pistol, dirk, or sword concealed under the penalties of fine and imprisonment” (The State v. Buzzard). Arkansas Courts ruled against the statute and in favor of Buzzard by upholding the 21st section of the second article of the Arkansas Constitution which states “that free white men shall have the right to bear arms for their common defense.” In the superior power of the state constitution over legislature, the 13th section was found unconstitutional and void. The dissenting judge clearly shows the oppositions opinion when he states:

That the words “a well regulated militia being necessary for the security of a free State”, and the words “common defense” clearly show the true intent and meaning of the C本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。