Homework: 4th amendment “research questions” for Monday

FrontPage: Turn in your FP sheet to the back box.

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”?

Scholars, judges and citizens often disagree about exactly how 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 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.”

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 Gun DebateHandgun 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.

Reasonable Restrictions?

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.

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

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

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.

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: 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.

McDonald vs. Chicago

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?

Updating the 2nd? Op-Ed

Using the “terms” of the original 2nd Amendment (and your own creativity), REWRITE the 2nd 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.

Updating the 2nd? 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.