The 2nd 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.“ Part of the “Bill of Rights” (the first ten amendments in the Constitution of the United States)

One of the most controversial amendments in our country Largely because the variety of firearms has increased over time Also because the capabilities of those firearms has improved over time (basically . . . . Guns are a lot better than they were 200 years ago and there are a lot more of them now)

There are two ways to look at the 2nd amendment and this is where the argument comes from The “Individual right theory” or . . . . . The “Collective rights theory”

Individual Right Theory This theory holds that the 2nd amendment applies to each individual citizen In this case the U.S. Government can not infringe upon an individual citizen’s right to own a firearm If we take it even further it could also mean that the government has no right to even regulate how we buy guns, how we store them, the type of guns we can buy, or even where we can take guns

Collective Rights Theory Says that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without infringing on anyone’s rights License for conceal carry Safe storage requirements Certain types of guns / modifications to guns, are illegal

Ever since 1999 . . . . The Columbine Shooting Mass Shootings are the most visible and memorable arguments from supporters of Gun Control Ever since 1999 . . . . The Columbine Shooting 15 dead including the shooters Started the fight between gun control and gun rights

The NRA (National Rifle Association) are the top members of the “Gun Lobby” The Gun Lobby donates tons and tons of money to politicians who support Gun Rights Almost all donations go to Republican candidates

The Gun Control Lobby is relatively small but has achieved some major victories The “Brady Bill” Law that mandated Background checks on all handgun purchases Named after a secret service member who was paralyzed by John Hinkley Jr. in attempted assassination of President Ronald Reagan The Gun Control Lobby contributes almost 100% of money to Democrats

Earlier decisions have supported the collective rights theory United States v. Miller (1934) A man carrying a sawed off shotgun was charged for not having the gun properly registered, and not paying a special fee in order to own a sawed off shotgun (shotgun with a barrel shorter than 18 inches long) This court case fell under a recent law called the National Firearms Act (1934) The NFA orders that certain firearms be taxed extra and require a special licensing fee. They also require that these “special” guns cannot be transported across state lines without notifying the ATF

United States v. Miller continued . . . NFA was passed because of a violent mass shooting called the “Saint Valentines Day Massacre” Rival crime families battling over territory to smuggle alcohol during prohibition Al Capone hired men to pretend to be cops and murder bootleggers of the rival crime syndicate (7 men lined up and murdered with “tommy guns” and sawed off shotguns)

United States v. Miller continued The Supreme Court stated that The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia. The machine guns and the shotguns used in the massacre didn’t count as “militia” weapons United States wins

For 60 years the decision in United States v For 60 years the decision in United States v. Miller stood as a victory for gun control advocates until . . . . District of Columbia v. Heller (2008) In this case several plaintiffs who had been recruited to challenge a Washington D.C. handgun ban were brought together in order to file the lawsuit

District of Columbia v. Heller continued . . . The laws at the time in Washington D.C. were very strict on guns Guns had to be stored unloaded and disassembled in the home, or with “trigger guards” in place The Supreme Court ruled that the regulations were a violation of the 2nd amendment Heller wins 1st time ever that the United States Supreme Court had to decide whether or not the 2nd amendment applies to individual right to bear arms for Self Defense

These two court cases (United States v. Miller and D. C. v These two court cases (United States v. Miller and D.C. v. Heller) are at the heart of the gun control debate Should there be regulations on guns? What should those regulations be?