Which of the following should citizens be permitted to own?Handguns

“Sawed-off” shotgunsTanks

“Automatic” or “assault” riflesGrenades F-16 Fighter Jets

Hi-Capacity magazines (hold up to 50 bullets in one “clip”)

Automatic Shotguns

Grenade launchers

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

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…

Homework: No homework

FrontPage: NNIGN

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.

Justice Breyer agreed with Stevens' argument but also stated that even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment. In Breyer's view, the D.C. laws at issue in this case were both reasonable and appropriate.

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.

In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority

of the federal government and, thus, the Second Amendment was applicable.

Here, the plaintiffs argue that the Second Amendment should also apply to the states.

Question:  Does the Second Amendment apply to the states?

http://www.chicagopublicradio.org/Content.aspx?audioID=38932