2 nd Amendment- US Constitution

1. 2nd Amendment- US Constitution “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.” -September 1791

2. 2nd Amendment • 2nd Amendment guarantees arms for each citizen simultaneously with the militia (Common sense)

3. Historical Background Legislative and Executive Actions • In 1813, Kentucky was the first state to have a law regulating guns • 1934 National Firearms Act • 1938 Federal Firearms Act • The Gun Control Act 1968 • 1972 The Bureau of Alcohol, Tobacco and Firearms (ATF)

4. Legislative Action Continued • 1989 California first state to ban assault weapons • Gun Free School Zones Act 1990 • 1993 Brady Handgun Prevention Law • 1998 revisions made to Brady Bill • 2000 Maryland 1st state with child lock • 2004 Federal Assault Weapons Ban Expires

5. Historical Background Judicial Action • United States v. Cruikshank 1876 • United States v. Miller 1939 • 1995 USA V. Lopez • 1997 Printz v. United States • 2005 Parker v. District of Columbia and Adrian Fenty

6. Arguments Against Gun Control • 2nd Amendment protects the right to own a gun • Self-defense • Symbol of freedom • Laws don’t completely get rid of guns • Moral issue over legal issue

7. Self Defense (common sense) (Common sense)

8. Self Defense (Common sense)

9. Arguments for Gun Control • Virginia Tech, Columbine, Red Lake Minnesota • Suicides • Reduce Gun Violence • http://www.youtube.com/watch?feature=player_profilepage&v=raaP5OfRj2E

10. Interest Groups • National Rifle Association (NRA) anti- gun control • Brady Campaign to Prevent Gun Violence pro-gun control

11. NRA and ILA • “The Institute for Legislative Action is committed to preserving the right of all law-abiding individuals to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.” • Video: http://www.nraila.org/Multimedia/ReadVideo.aspx?ID=4093508

12. Brady Campaign to Prevent Gun Violence • Works for federal or state gun laws, regulations, and policies • Adopt awareness with Brady Chapter & Million Mom March • Stand for victims of gun violence • Felons, Mentally Ill, and Youth • http://www.youtube.com/user/BradyCampaign#p/u/13/REGXR-1ZKXI

14. Statistics Category  Percentage Owning a Firearm Households  42% Individuals  30% Male   47% Female  13% White  33% Nonwhite  18% Republican  41% Independent  27% Democrat  23% Reasons Protection Against Crime  67% Target Shooting  66% Hunting  41% (just facts)

16. Statistics (Jost 7)

17. Guns and Crime • U.S. Department of Justice: roughly 5,340,000 violent crimes were committed in the United States during 2008.

18. Recent Developments • District of Columbia vs. Heller (2008) • A group of private gun owners sued DC for passing laws they claimed violated the 2nd Amendment • DC argued 2nd Amendment applied only to militias • Supreme Court concluded that: • 1. Individual has the right to possess a firearm without being in the militia • 2. Allowed to use firearm for traditionally lawful purposes

19. Recent Developments • Virginia Tech 2007 • 32 killed by gunman with history of mental illness • Why allowed to buy a gun? • Led to strengthening of NICS • VA closed gaps (loopholes) between federal and state purchasing laws

20. Recent Developments • 2010: • AZ, GA, TN, VA allow loaded weapons in bars • 18 states already allow this • McDonald vs. Chicago • Ban on handgun ownership unconstitutional

21. Obama on Gun Control “I believe that the Constitution confers an individual right to bear arms. But just because you have an individual right does not mean that the state or local government can’t constrain the exercise of that right.”

22. Obama on Gun Control • Sponsored 2000 bill to limit purchasing 1 gun a month (didn’t pass) • Keep guns out of inner cities • Problem of morality • Stop corrupt gun dealers from dumping guns into cities • States and local governments should decide gun laws (On the issues)

23. Pennsylvania Laws • 48 hour waiting period • Can’t own a gun if: • Convicted of felony, or crime of violence • Drug addict or drunkard • Mentally unsound • Illegal Alien • Under 18 (can’t buy) • Illegal to buy: • Machine gun, sawedoff shotgun, firearm specially made or adopted for concealment or silent discharge or altered manufacturer's number

24. Texas Laws • No waiting period • Can’t own a gun if: • Under 18 w/o parental consent • Convicted felon within 5 yrs. of release or parole • In a penal institution • Illegal to buy: • Machine gun, short-barreled firearm, silencer, armor piercing ammunition, zip gun, explosive weapon

25. State Laws NRA

26. State Laws NRA

27. State Laws NRA

28. Public Opinion Poll on Gun Control http://pewresearch.org/pubs/1535/poll-state-local-governments-laws-banning-sale-possession-handguns

29. Public View on Sales http://www.gallup.com/poll/123596/In-U.S.-Record-Low-Support-Stricter-Gun-Laws.aspx

30. Should Guns be Banned http://www.gallup.com/poll/123596/In-U.S.-Record-Low-Support-Stricter-Gun-Laws.aspx

31. Support for Gun Rights v. Support for Gun Control http://pewresearch.org/pubs/1535/poll-state-local-governments-laws-banning-sale-possession-handguns

32. Republicans-Anti • “Open more public land to hunting” • “No frivolous gun lawsuits, no gun licensing” • “Will protect right to bear arms” • 2004 Republican Platform (On the issues)

33. Democrats-Pro • “Reauthorize assault weapons ban, close gun show loophole” • “Strengthen gun control to reduce violence” • 2004 Democratic Platform (On the issues)

34. Libertarian Party-Anti • “Affirm the right to keep and bear arms” • 2008 Party Platform • “Repeal all gun control laws and regulation of weapons” • 2000 Party Platform