Homework: #5 due tomorrow

FrontPage: Can anything be done to avoid tragedies like Newtown, the shooting in Colorado, or other incidents of

gun violence?

The Second Amendment

The Right to Bear Arms:

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?

Second Amendment: Right to Keep and Bear Arms

Included to prevent Congress from disarming state militias

Dred Scott v. Sandford (1857) The right to bear and carry arms a basic right of citizenship

US vs. MillerSawed off shotguns would not be used by a “well-

regulated militia”, therefore can be regulatedUntil very recently, the Supreme Court had never decided whether the 2nd amendment guaranteed an individual right to bear arms…

4.4

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. He states that the Constitution was binding on the federal government, and the

only fear the states had was of their militia’s being disarmed by the national government.

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.

Homework: 4th amendment RQs due Monday

FrontPage: Grab a computer and sit with a partner.

Homework: 4th amendment RQs - Monday

FrontPage: NNIGN

Inanimate Objects With Secret Inner Lives

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.