Firearm and Tort Litigation Research Paper Example | Topics and Well Written Essays - 250 words

Firearm and Tort Litigation - Research Paper Example The right to keep and bear arms is afforded by the Second Amendment, and is given Constitutional Protection since it enjoys the first-tier level of scrutiny (Equal Protection, 2011). Any attempt to infringe this right, as was the case in Bloomberg (City of New York v. Beretta U.S.A. Corp), should be considered a repealing of the Second Amendment, and, hence, unlawful. Suing the arms suppliers and stores is a direct act of this infringement (Burch, 2006); making it difficult to purchase arms by levying a hefty permit fee in the state (O’Connor, 2011) is an indirect, yet equally unlawful act against the Constitution and civil rights of the citizens. Both acts aim to discourage the public from practicing their legal right of bearing arms, and the argument that this could somehow prevent the rampant criminal activities (Burch, 2006) is but weak; the infringement of social rights under Constitutional protection is itself a criminal activity, and to suppress one such act with anothe r is a destabilization of the legal framework (Burch, 2006). The need to protect this right by Law and through the involvement of the Court is well-founded and justifiable.