2nd Amendment.

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Presentation transcript:

2nd Amendment

WHAT It Says: "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.” APPLICATIONS: All citizens (no foreigners, mentally disabled, Criminals) and or states WHERE: 2nd Amendment WHY?: State protection from the Federal Gov’t Individual protection LIMITATION/CONSIDERATIONS:

THE TWO VIEWS Key Court Cases U.S. vs. Miller (1939) "obvious purpose” - militia -14th Amendment does not apply to the 2nd Morton Grove (1983) Printz v. United States & Mack v. United States (1997)-Brady U.S. v. Emerson (1999) (overruled by Gillespie v. City of Indianapolis). 2nd amend is indiv. Rt. THE TWO VIEWS Individual Right (citizen soldier)- v. States Right (To Keep a Well Regulated Militia)-

D.C. v. Heller (2008)- : "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" and "that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense." rifles and handguns. “We think that limitation is fairly supported by the historical tradition prohibiting the carrying of ‘dangerous and unusual weapons,’ McDOnald V Chicago 2nd Amend applies to state and local areas?

California’s Current(-ish) Issues Open Carry Sunnyvale’s Magazine limit Ordinance