1. The Second Amendment
The Right to Bear Arms

2. The 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.
Militia: a body of citizens organized for military service

3. “right of the people to keep and bear arms”
Is the militia in 2016 mean the same thing as it did in 1787?
CENTRAL ARGUMENT!
Whether people have a right to bear arms as INDIVIDUALS, rather than just as part of an official militia.

4. The Citizen-Soldier in America BEFORE the Revolution
Belief the part-time citizen-soldier would represent the values of his community.
Unlikely to become an instrument of oppression as a full-time professional soldier.

5. The Citizen-Soldier in America BEFORE the Revolution
The citizen-soldier brought his own gun to the fight or protection of his community.
APOLOGY to the women in here. In 1776, they didn’t consider women as citizen soldiers!

6. But women were soldiers!
Nancy Hart in the American Revolution.
Guns certainly helped her!

7. Collective Rights v. Individual Rights: One Point of View (POV)
Some think the 2nd Amendment was designed ONLY to protect the rights of the states to have militias.
NOT the right of individuals to bear arms for their own self-defense.
“well-regulated militia” and “security of a free state” prove their point.
Restrictions on hunting and self-defense.

8. Collective Rights v. Individual Rights: Another POV
Individual rights were included in the militia.
Militia = the body of the people.
Militia then includes EVERYONE in the community.
ALSO the Bill of Rights was included to protect INDIVIDUAL rights, not the states!

9. Collective Rights v. Individual Rights: Another POV (cont.)
Also the Second Amendment says “right of the PEOPLE” – meant to protect individual rights?

10. The Second Amendment and The Courts
Barron v. Baltimore (1831)
The Second Amendment makes it so the FEDERAL government cannot make laws limiting guns.
BUT!!!!! It doesn’t stop the states from regulating guns.

11. The Second Amendment and The Courts
US v. Miller (1939)
National Firearms Act of 1934 required registration of sawed-off shotguns.
Mr. Miller said this violated his right to bear arms.
DOES IT?

12. The Second Amendment and The Courts
Miller Ruling:
Possessing a sawed-off shotgun is NOT related to the militia and not protected by the Second Amendment.

13. The Second Amendment and The Courts
Because of the Miller Ruling – every time gun control laws go through the Congress and the President – they have to SPECIFY the weapons and prove they don’t go with a well armed militia.

14. The Second Amendment and The Courts
No federal court has EVER struck down gun control legislation as a violation of the Second Amendment.

15. The Future of Gun Control
Pro-Gun: National Rifle Association
If the 2nd Amendment is infringed – no other constitutional rights are safe.
Just because criminals use guns does not mean that law-abiding citizens should be denied the right to bear arms.

16. The Future of Gun Control
Advocates for Gun Control: (Brady Law)
No right is absolute in the Bill of Rights.
Right to bear arms must be weighed against potential harm it can cause society.
Harm is more deadly than speech.