Homework: 4 th amendment “research questions” for Monday FrontPage: Turn in your FP sheet to the back box.

The Right to Bear Arms:

“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.”  Purpose:  The 2 nd amendment (collectively known as “the right to bear arms”) was believed to have been included in the Bill of Rights for several purposes: ▪ To protect the colonies from outside invasion ▪ In order to arm citizens, for a number of reasons ▪ Perhaps most controversially, to enable citizens to resist a tyrannical government

 Scholars, judges and citizens often disagree about exactly how the 2 nd amendment means  Does it give each individual the right to possess any weapon? Certain weapons (which ones)?  Does it only allow those enlisted in a state army (“militia”) the right to own weapons (guns)?  Generally, the debate revolves around how we interpret three words in the 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.”

 Militia – does this mean…  A state army, organized, trained, funded and led by the state government?  A loose collection of “citizen-soldiers”, separate from the  People – does this mean…  Every individual?  The people in general, i.e. the state governments  Arms – what “arms” would the “people” be able to own?

Handgun Control Arguments Support stricter firearm laws: tougher background checks and longer waiting periods for those purchasing guns; mandatory child safety locks; a limit of one handgun purchase per month; and raising the legal age limit for ownership of guns to age 21 from the current age of 18. They believe these measures will curb the rise of gun-related violence. Gun Rights Advocates Still usually support “reasonable” restrictions on the right to bear arms Say stricter laws would infringe on the constitutional rights of law- abiding citizens. Citizens need firearms for personal protection, for sport and recreation, and as a protection against invasion or tyranny. Gun violence can be reduced by better enforcement of current laws.

 Which of the following seems to be a “good reason” for preventing someone from owning a firearm?  Persons who have been convicted of using any controlled substance in the last 5 years;  Persons who have been committed to a mental institution in the last 10 years;  People under 21;  Having no training in the use of a firearm  Persons who have a Protection From Abuse filed against them at any time in their lives.

 Do I have to register my firearms in Pennsylvania? Do I have to register my firearms in Pennsylvania?  No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms  How old must one be to possess a firearm? How old must one be to possess a firearm?  the minimum age to possess a firearm is 18 with two exceptions: ▪ The minor is under the supervision of a parent and involved in lawful activity. ▪ The minor is lawfully involved in hunting or trapping activities.  Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania? Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania?  In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle.conceal a firearm, or to carry a firearm in a motor vehicle  from PaFOA.org

 Do I have to register my firearms in Pennsylvania? Do I have to register my firearms in Pennsylvania?  No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms  How old must one be to possess a firearm? How old must one be to possess a firearm?  the minimum age to possess a firearm is 18 with two exceptions: ▪ The minor is under the supervision of a parent and involved in lawful activity. ▪ The minor is lawfully involved in hunting or trapping activities.  Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania? Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania?  In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle.conceal a firearm, or to carry a firearm in a motor vehicle  from PaFOA.org

 There have been very few cases decided by the Supreme Court relating to the right to bear arms.  Until very recently, the Supreme Court had never decided whether the 2 nd amendment guaranteed an individual right to bear arms…

Question: Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violate the Second Amendment rights of individuals? Conclusion:  Yes. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home.  The Court based its holding on the text of the Second Amendment, as well as applicable language in state constitutions adopted soon after the Second Amendment.  In his dissent, Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful.

Facts of the Case:  Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. Question:  Does the Second Amendment apply to the states?

 Using the “terms” of the original 2 nd Amendment (and your own creativity), REWRITE the 2 nd Amendment to clarify exactly what you believe citizens’ rights are with regard to gun ownership.  **Be sure to specifically define who (if anyone) can own a gun, what kinds of guns (if any), and perhaps why they would be allowed to own a gun.

 Section 1. The second article of amendment to the Constitution of the United States is hereby repealed.  Section 2. The right of the people to keep arms reasonable for hunting, sport, collecting, and personal defense shall not be infringed.  Section 3. Restrictions of arms must be found to be reasonable under Section 2 by a two-thirds vote of Congress in two consecutive sessions of Congress before they can be forwarded to the President for approval.