Welcome to Unit Three Introduction to Constitutional Law Guns, The First Amendment and Second Amendment Judge Clare McWilliams

First Amendment The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.

What does 1st Amendment have to do with guns? The Second Amendment right of an individual to a firearm does not trump the First Amendment rights of Americans. While the federal courts have treated First Amendment rights as fundamental to the Constitution, the same courts have not treated any Second Amendment right in a similar manner. The Congress and the president have a compelling public interest and constitutional duty to protect the First Amendment, and the safety of elected officials and their supporters, by outlawing the discretion of gun owners to appear at political events with their weapons.  Guns at Political Events: A Chilling Effect on the First Amendment by Howard Friel

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.

What does the 2nd Amendment have to do with your right to own a gun? Those in opposition to gun control believe i that the Amendment guarantees the right of individuals to possess and carry a wide variety of firearms.  Advocates of gun control contend that the Amendment was only meant to guarantee to States the right to operate militias.

District of Columbia vs. Heller (2008) U. S. Supreme Court, in District of Columbia vs. Heller, struck down a Washington, D.C. ban on individuals having handguns in their homes.   Writing for a 5 to 4 majority, Justice Scalia found the right to bear arms to be an individual right consistent with the overriding purpose of the 2nd Amendment, to maintain strong state militias.  Scalia wrote that it was essential that the operative clause be consistent with the prefatory clause, but that the prefatory clause did not limit the operative clause.  The Court easily found the D. C. law to violate the 2nd Amendment's command, but refused to announce a standard of review to apply in future challenges to gun regulations.  The Court did say that its decision should not "cast doubt" on laws restricting gun ownership of felons or the mentally ill, and that bands on especially dangerous or unusual weapons would most likely also be upheld.  In the 2008 presidential campaign, both major candidates said that they approved of the Court's decision. (Exploring Constitutional Conflicts)

What other interpretation could have prevailed - Discussion Strict Interpretation Crime Control versus gun control argument (Brady Law and ban against Assault weapons ban) Educators keeping schools gun free Interests of different occupational venues

Individual /Militia Debate Is the guarantee of the right to bear arms an individual within militia, the militia in general or an individual not a part of the militia? Authority of gun control has generally rested with the States; Congress regulates via it’s control of interstate commerce.

Let’s Talk Why does the government have any interest in this regulation? Do gun law’s really work? Who’s making the money? Power of the NRA

Reach me on the email or via telephone with any questions or concerns. Great Job Tonight! Reach me on the email or via telephone with any questions or concerns.