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The Right to Bear Arms

The Right to Bear Arms. The Original Amendment.

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The Right to Bear Arms

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  1. The Right to Bear Arms

  2. The Original Amendment • The right of the people to keep and bear arms shall not be infringed; a well-armed and well-regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.

  3. How should the Second Amendment be interpreted? • Present day circumstances? • Violence and new technology. • Tradition of guns for sport and defense. • Original intent? • Protect people from many things. • To remind the people the U.S. was strong.

  4. The Militia Clause • At the founding they were composed of all people. • Standing armies were distrusted (oppression). • “Well-regulated” might imply rules over the militia.

  5. Right to Arms Clause • Bear arms is a military phrase. • However, people implies individuals.

  6. Two Approaches to Second Amendment • Collective approach (military centric). • Individual approach (personal right).

  7. Key Court Cases • U.S. v. Cruikshank (1876): KKK deprives blacks right to assembly and bear arms. • Presser v. Illinois (1886): States may strictly regulate private military groups (Second is NOT incorporated). • U.S. v. Miller (1939).

  8. U.S. v. Miller (1939) • Does the National Firearms Act violate the Second Amendment of the Constitution? • No. 8-0 vote. • We cannot say that the Second Amendment guarantees the right to keep and bear such an instrument as a sawed-off shotgun. Certainly, it is not within the judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense.

  9. Court Cases since Miller • Lewis v. U.S. (1980): Prohibits gun possession by convicted felons even if convictions overturned. • D.C. v. Heller (2008): Oral arguments.

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