CURRENT ISSUES 2 ND AMENDMENT DEBATE Warm Up: What is the Second Amendment?

2 nd 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.”

Main Components of Gun Regulation in the U.S.  Restrictions on ownership  Mainly, no felons or minors.  Licensing of firearms dealers  Registration of firearms  Prohibitions on certain firearms  For example, assault weapons ban  Waiting periods and background checks  For example, the Brady Bill.  Restrictions on Time and Place of Use:  For example, Concealed Carry Laws

Lets Talks About Stats  270 Million civilian firearms in America  the CDC lists 16,000 homicides in the U.S. in 2013  11,000 of which were by firearm—predominantly pistols. Auto accidents still kill three times as many people as gun homicides do (34,000 in 2013)  Gun suicides occurred at nearly twice the rate of homicides—21,000 in 2013

Other Countries  There have been no mass killings in Australia since the nation significantly tightened its gun control laws almost 20 years ago.  Mass Killing: defined by experts there as a gunman killing five or more people besides himself  Mass shootings in Australia were rare before  The UK enacted its handgun ban in 1996  Before: 10.9 and 13 homicides per million a year  18.0 in 2003  11.1 in 2010  Switzerland is 3 rd for number of guns per capita between 2.3 million and 4.5 million military and private firearms are estimated to be in circulation  Population: 8 million people  0.5 gun homicides per 100,000 inhabitants in 2010 In the US 5 firearm killings per 100,000 people in 2010

Quick Summary of the Debate  parenthood_us_565da313e4b072e9d1c parenthood_us_565da313e4b072e9d1c32125    re=relmfu re=relmfu   What were some events that have retriggered the gun debate?  What are some gun control advocates calling for?  What are some arguments against?

Second Amendment ENGLISH TRADITION  English political tradition (required land owners to be in a militia)  English nobility attempted to outlaw guns in 1328  English Bill of Rights- gave gun rights to some individuals (protestants).

Second Amendment AMERICAN TRADITIONS Colonial History- reliance on militias prior to organization of Continental Army. Fear of a standing national army (permanent military group-maintained in peace & war) States demanded control over own militias to protect against Federal tyranny 2 nd Amendment in BOR helped protect states and individuals from too strong central Gov.

Interpretations of the 2 nd Amendment  Five leading issues in debate over guns today: 1. origin of the right to bear arms 2. the meaning of the word “militia” 3. the meaning of “people” 4. incorporation of the BOR, 2 nd Amendment in particular, to the states 5. What are reasonable restrictions?

Where does the right to bear arms originate? -English Bill of Rights (1689) clearly spoke of individual right to bear arms -but only gave Protestants right to own guns -Colonial rights associated with a militia -Mass. and VA Declaration of Rights state, “well regulated militia is the natural defense of a free government.”

Definition of “militia” Different Views -state armies, like today’s National Guard (this view denies personal gun ownership) -group of citizens that could be called together to defend themselves and neighbors

Who are “the people” -When 2 nd Amendment states “…the right of the people…” does that mean “individuals?” -Some say “the people” refers to the state body -Others say Madison connected “powers” to gov. bodies, and “rights” to individual people

Incorporation of the 2 nd Amendment 14 th Amendment-extends, in general, BOR to the states -Specifically, BOR incorporated to states on case by case basis in the Supreme Court -Supreme Court has not taken many 2 nd Amendment cases-application still not clear Ex.’s – D.C. handgun law, -extend to Chicago??

Summary of the DEBATE: PBS  Need to Know… the Second Amendment  Watch this debate and make a T-chart documenting the pro’s and con’s of the second amendment.  /newtown-families-on-gun-control-part-one /newtown-families-on-gun-control-part-one  to-know-april american-gun-debate/16827/ to-know-april american-gun-debate/16827/

Discussion Questions 1. Does the 2 nd Amendment refer to a well regulated militia, or to individual gun ownership? 2. Does the 2 nd Amendment attempt to protect against tyrannical government or against crime? 3. The BOR applies at the national level, should it also apply at the state level?

Discussion Questions 4. When does the government have the right to restrict personal liberty in favor of safety and the common good? 5. Is the need to have a “well-regulated militia” outdated? 6. Should all weapons be protected under the 2 nd Amendment? If not, what types should be restricted?