Homework : 2nd amendment RQs Wednesday

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The Right to Bear Arms: The Second Amendment

What does the 2nd say? • “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 2nd 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

What does the 2nd “mean”? • For about the last century, scholars, judges and citizens have debated what the 2nd 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 has revolved 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.”

Defining the 2nd Amendment • 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?

The Supreme Court and the 2nd Amendment • There have been very few cases decided by the Supreme Court relating to the right to bear arms. • US vs. Miller • Until very recently, the Supreme Court had never decided whether the 2nd amendment guaranteed an individual right to bear arms…

The Decision in DC vs. Heller Question: Do the 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 violated 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.

McDonald vs. Chicago Facts of the Case: • After the decision in Heller, several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans. Question: • Does the Second Amendment (as interpreted in DC vs. Heller) apply to the states?

McDonald vs. Chicago The Supreme Court held that the 14th Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. With Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. The Court recognized in Heller that the right to self-defense was one such "fundamental" and "deeply rooted" right. The Court reasoned that because of its holding in Heller, the Second Amendment applied to the states.

How Much Freedom? • Although these two court decisions effectively “decided the issue” of whether possessing a handgun is a “right”, there still remains great debate about what limits can or should be placed on firearm ownership. • That debate has shifted to Congress and the states, which have been under pressure to “do something” in the wake of recent mass shootings.

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How Much Freedom? • Although recent court decisions have, for all intents and purposes, “decided the issue” of whether possessing a handgun is an individual “right”, there still remains great debate about what limits can or should be placed on firearm ownership. • That debate has shifted to Congress and the states, which have been under pressure to “do something” in the wake of recent mass shootings.

PA Gun laws - FYI • 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? • 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? • In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle. • from PaFOA.org

Reasonable Restrictions? • Which of the following would you support? • No guns for: • 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; • Requiring every purchaser (whether through a store, gun show or private owner) to undergo a background check • Requiring a training course in the use of a firearm before purchase • Banning high capacity magazines and automatic weapons/assault rifles.

The Current Gun Control Debate • This month, Congress attempted to pass new gun control legislation.

Homework : 2nd amendment RQs Wednesday