The Second Amendment The Right to Bear Arms

Warm Up Don’t use your phone. Don’t use your textbook. Where can you find the 2nd Amendment? Using your textbook, what page is the 2nd Amendment on? Read the 2nd Amendment. Why do you think it is there?

Take a Stand Does the abuse of x by some require it to be regulated for everyone? x as alcohol (for folks >21) x as Ferrari sportscars x as teenage dating x as gun ownership If you were going to regulate guns, what would be your basis for doing so?

Oaths of Office: Oath for Congress and Supreme Court Justices: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God. Oath for the President: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. What is common throughout both oaths? What is the standard for our nation’s decision making?

The Second 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.  

“right of the people to keep and bear arms” But what was meant by “well-regulated militia” and “necessary to the security of a free state”? Does it mean that you can only carry arms if you are in the militia? Can guns only be used for national defense, or does that mean self-defense?

“right of the people to keep and bear arms” Does the militia in 2015 mean the same thing as it did in 1787? CENTRAL ARGUMENT! Whether people have a right to bear arms as INDIVIDUALS, rather than just as part of an official militia.

Warm up #2 Can the government just decide to take guns from everybody? Why? Why not? What are the two basic views on the 2nd amendment? Who decides what the constitution means in a binding (legally significant) way? Can voters decide that? If so, how? Does the Supreme Court ever get it wrong?

Collective Rights v. Individual Rights: One Point of View (POV) Some think the 2nd Amendment was designed ONLY to protect the rights of the states to have militias. NOT the right of individuals to bear arms for their own self-defense. “well-regulated militia” and “security of a free state” prove their point. Restrictions on hunting and self-defense.

Collective Rights v. Individual Rights: Another POV Individual rights were included in the militia. Militia = the body of the people. Militia then includes EVERYONE in the community. ALSO the Bill of Rights was included to protect INDIVIDUAL rights, not the states!

Collective Rights v. Individual Rights: Another POV (cont.) Also the Second Amendment says “right of the PEOPLE” – meant to protect individual rights?

The Second Amendment and The Courts Barron v. Baltimore (1831) The Second Amendment makes it so the FEDERAL government cannot make laws limiting guns. BUT!!!!! It doesn’t stop the states from regulating guns.

The Second Amendment and The Courts Presser v. Illinois (1886) Continued on Barron. Illinois could have a law saying ONLY the state militia could drill or parade with arms.

The Second Amendment and The Courts US v. Miller (1939) National Firearms Act of 1934 required registration of sawed-off shotguns. Mr. Miller said this violated his right to bear arms. DOES IT?

The Second Amendment and The Courts Miller Ruling: Possessing a sawed-off shotgun is NOT related to the militia and not protected by the Second Amendment.

The Second Amendment and The Courts Because of the Miller Ruling – every time gun control laws go through the Congress and the President – they have to SPECIFY the weapons and prove they don’t go with a well armed militia.

You Decide! Quilici v. Morton Grove The town of Morton Grove, Illinois passed a law to ban possession of handguns in the home. Persons with guns had to turn them in to the police. Guns for recreational shooting had to be stored in gun clubs. Police, security guards, armed forces exempted. Mr. Quilici believes his Second Amendment rights are being violated. DO YOU AGREE / DISAGREE?

The District Court’s Decision:

Morton Grove Decision The Federal Government can’t make laws regulating guns – but local communities can!

The Second Amendment and The Courts DC v. Heller (2008) The Supreme Court ruled (5-4) that gun possession is an individual right.

The Future of Gun Control Pro-Gun: National Rifle Association If the 2nd Amendment is infringed – no other constitutional rights are safe. Just because criminals use guns does not mean that law-abiding citizens should be denied the right to bear arms. Costs of democracy. We have to live with hate speech to have all speech.

The Future of Gun Control Advocates for Gun Control: (Brady Law) No right is absolute in the Bill of Rights. Right to bear arms must be weighed against potential harm it can cause society. Harm is more deadly than speech.

Answer from the Readings: What is the collective interpretation of the Second Amendment and what does this imply for the regulation of guns? What is the individual rights interpretation of the Second Amendment and what does this imply for the regulation of guns? According to proponents of gun control, what effect does citizen ownership of guns have on crime and injury? According to opponents of gun control, what effect does citizen ownership of guns have on crime and injury? 

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