Thursday, September 8, 2016 Objective: We will go over the perspectives on the Second Amendment and evaluate the effectiveness of gun safety laws and the upholding of Second Amendment rights. Importance: The Second Amendment is a hotly debated topic in America. The United States has a rich tradition of firearms usage but also has the highest murder rate of any developed nation.

Second 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." has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense

Perspectives on the Second Amendment Collective Rights Theory Based on the phrase "a well regulated Militia“ The Constitution only restricts Congress from legislating away a state's right to self-defense using a militia asserts that citizens do not have an individual right to possess guns, only state militia’s have that right

The Minuteman statue was built to honor colonial militia The Minuteman statue was built to honor colonial militia. Militias consisted of ordinary citizens who acted to defend their nation. Colonists needed to be ready to serve "at a minute's notice."

Perspectives on the Second Amendment Individual Right Theory Based on the phrase "the right of the people to keep and bear Arms“ The Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment says that extremely restrictive regulation on firearm possession is unconstitutional

Case Law United States v. Miller (1939) It upheld a section of the National Firearms Act of 1934 that made it a crime to ship sawed-off shotguns or sub-machine guns across State lines unless the shipper had a federal license to do so In actuality, the right to bear arms was only an individual and personal right only to the extent needed to maintain a well regulated militia to support the state The Court said that it could find no valid link between the shotgun involved in the case and “the preservation . . . of a well-regulated militia.”

Case Law District of Columbia v. Heller (2008) Issue: whether the Second Amendment applies to U.S. lands outside of the 50 states and if D.C.’s handgun ban is constitutional Ruling: proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms, striking down the ban the Court suggested that the United States Constitution would not disallow regulations prohibiting criminals and the mentally ill from firearm possession

Case Law McDonald v. City of Chicago (2010) Issue: whether a ban on handgun possession by almost all private citizens in Chicago violated the Second Amendment Decision: ban was unconstitutional, since the Bill of Rights also applies to the states, counties, and cities Both Heller and McDonald did not overrule “long-standing prohibitions on the possession of firearms by certain individuals or in certain places”

Brady Bill mandated federal background checks on firearm purchasers in the United States and a 5 day waiting period People who are not legally allowed to possess or purchase firearms Criminals, drug users, the mentally ill, and illegal residents People dishonorably discharged from the military Renouncers of U.S. citizenship People who are subject to a restraining order Anyone convicted of any form of domestic violence

Issues Today Private sellers of firearms are not legally required by federal law to conduct a background check (called the Gun Show Loophole) People on a terrorist watch list can legally purchase firearms from a dealer Almost no one is held accountable for selling guns to people banned from possessing firearms by the Brady Act

Written Response Think about how the Second Amendment is viewed currently and the issues today with guns in our society. What are the best ways for the government to reduce gun violence? Explain your reasoning and how these actions would decrease gun violence in the United States while respecting the rights of sane, law- abiding citizens to keep and bear arms. (Your response needs to be at least ½ page in length)