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Homework : 4 th amendment “research questions” for Monday

FrontPage : Turn in your FP sheet to the bac k box. Homework : 4 th amendment “research questions” for Monday . The Right to Bear Arms:. The Second Amendment. What does the 2 nd say?. “A well-regulated militia, being necessary to the security of a free state, the right of the people to

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Homework : 4 th amendment “research questions” for Monday

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  1. FrontPage:Turn in your FP sheet to the back box. Homework: 4th amendment “research questions” for Monday

  2. The Right to Bear Arms: The Second Amendment

  3. What does the 2nd say? • “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.” • Purpose: • The 2nd amendment (collectively known as “the right to bear arms”) was believed to have been included in the Bill of Rights for several purposes: • To protect the colonies from outside invasion • In order to arm citizens, for a number of reasons • Perhaps most controversially, to enable citizens to resist a tyrannical government

  4. What does the 2nd “mean”? • Scholars, judges and citizens often disagree about exactly how the 2nd amendment means • Does it give each individual the right to possess any weapon? Certain weapons (which ones)? • Does it only allow those enlisted in a state army (“militia”) the right to own weapons (guns)? • Generally, the debate revolves around how we interpret three words in the 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.”

  5. Defining the 2nd Amendment • Militia – does this mean… • A state army, organized, trained, funded and led by the state government? • A loose collection of “citizen-soldiers”, separate from the • People – does this mean… • Every individual? • The people in general, i.e. the state governments • Arms – what “arms” would the “people” be able to own?

  6. The Gun Debate • Handgun Control Arguments • Support stricter firearm laws: • tougher background checks and longer waiting periods for those purchasing guns; • mandatory child safety locks; • a limit of one handgun purchase permonth; • and raising the legal age limit for ownership of guns to age 21 from the current age of 18. • They believe these measures will curb the rise of gun-related violence. • Gun Rights Advocates • Still usually support “reasonable” restrictions on the right to bear arms • Say stricter laws would infringe on the constitutional rights of law-abiding citizens. • Citizens need firearms for personal protection, for sport and recreation, and as a protection against invasion or tyranny. • Gun violence can be reduced by better enforcement of current laws.

  7. Reasonable Restrictions? • Which of the following seems to be a “good reason” for preventing someone from owning a firearm? • Persons who have been convicted of using any controlled substance in the last 5 years; • Persons who have been committed to a mental institution in the last 10 years; • People under 21; • Having no training in the use of a firearm • Persons who have a Protection From Abuse filed against them at any time in their lives.

  8. PA Gun laws - FYI • Do I have to register my firearms in Pennsylvania? • No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms • How old must one be to possess a firearm? • the minimum age to possess a firearm is 18 with two exceptions: • The minor is under the supervision of a parent and involved in lawful activity. • The minor is lawfully involved in hunting or trapping activities. • Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania? • In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle. • from PaFOA.org

  9. PA Gun laws - FYI • Do I have to register my firearms in Pennsylvania? • No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms • How old must one be to possess a firearm? • the minimum age to possess a firearm is 18 with two exceptions: • The minor is under the supervision of a parent and involved in lawful activity. • The minor is lawfully involved in hunting or trapping activities. • Do I need a License To Carry Firearms carry a concealed firearm in Pennsylvania? • In Pennsylvania a License To Carry Firearms is required to conceal a firearm, or to carry a firearm in a motor vehicle. • from PaFOA.org

  10. The Supreme Court and the 2nd Amendment • There have been very few cases decided by the Supreme Court relating to the right to bear arms. • Until very recently, the Supreme Court had never decided whether the 2nd amendment guaranteed an individual right to bear arms…

  11. The Decision in DC vs. Heller Question:  Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked violate the Second Amendment rights of individuals? Conclusion:  • Yes. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self-defense within the home. • The Court based its holding on the text of the Second Amendment, as well as applicable language in state constitutions adopted soon after the Second Amendment. • In his dissent, Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful.

  12. McDonald vs. Chicago Facts of the Case:  • Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. Question:  • Does the Second Amendment apply to the states?

  13. Updating the 2nd? Op-Ed • Using the “terms” of the original 2nd Amendment (and your own creativity), REWRITE the 2nd Amendment to clarify exactly what you believe citizens’ rights are with regard to gun ownership. • **Be sure to specifically define who (if anyone) can own a gun, what kinds of guns (if any), and perhaps why they would be allowed to own a gun.

  14. Updating the 2nd? • Section 1. The second article of amendment to the Constitution of the United States is hereby repealed. • Section 2. The right of the people to keep arms reasonable for hunting, sport, collecting, and personal defense shall not be infringed. • Section 3. Restrictions of arms must be found to be reasonable under Section 2 by a two-thirds vote of Congress in two consecutive sessions of Congress before they can be forwarded to the President for approval.

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