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. 1

Dist. of Columbia v. Heller U.S. Supreme Court, June 26, 2008 Justice Scalia rendered opinion in a 5-4 decision joined by Justices Roberts, Kennedy, Thomas & Alito Justices Stevens and Breyer dissented joined by Justices Souter and Ginsburg Since 2008 Justices Stevens and Souter have been replaced by Justices Sotomayor and Kagan 2

Dist. Of Columbia v. Heller District of Columbia ordinance that prohibited ownership of handguns in District (including in home) struck down Court held that Second Amendment protected individual ownership of guns for self-protection and recreation, and not just in connection with service in a militia Case struck down U.S. v. Miller (1939) which had implied that Second Amendment only applied to service in a militia 3

Dist. Of Columbia v. Heller Majority opinion is 64 pages long Detailed discussion of historical precedents Refutes Justice Stevens on multiple occasions Grammatically dissects amendment Two dissenting opinions are 90 pages together Justice Stevens refutes majority opinion on historical and grammatical grounds 4

Dist. of Columbia v. Heller Majority opinion recognizes limits on gun ownership: “Like most rights, the right secured by the Second Amendment is not unlimited. … commentators and courts routinely explained that the right was not a right to keep and carry any weapons whatsoever in any manner whatsoever and for whatever purpose.” [p.54] 5

Dist. of Columbia v. Heller “… nothing in our opinion should be taken to cast doubt on the longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” [pp ] 6

Dist. of Columbia v. Heller “We also recognize another important limitation on the right to keep and carry arms. … We think that [a] limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’” [p.55] 7

Dist. of Columbia v. Heller The majority opinion also gave an example of a type of gun that could be banned— “M-16 rifles and the like” [p. 55] 8

President Obama’s Proposals January 16, 2013 Legislative Changes Require background checks on all gun sales, including private sales Banning “military style” assault weapons Limiting ammunition magazines to 10 rounds Strengthening penalties for gun trafficking 9

President Obama’s Proposals Executive Orders (23) Make data more readily available to background checks system Provide safety training Clarify mental health programs covered by Medicaid 10

Senator Feinstein’s Bill (S. 150) introduced January 24, 2013 Entitled “Assault Weapons Ban of 2013” Would amend 18 USC Chpt. 44, which currently imposes criminal penalties on several firearm violations Bans several types of additional weapons, including semi-automatic shotguns, rifles and handguns and guns accepting clips with more than 10 bullets Bans clips with more than 10 bullets 96 pages of exemptions Current assault weapons grandfathered Limited restrictions on transferring grandfathered assault weapons 11