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Mr. Calella Introduction to Law. Gun Control & Violence. 2 nd 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.”
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Mr. Calella Introduction to Law Gun Control & Violence
2nd 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.” • Does the 2nd Amendment refer to persons or militias? What was the Founders’ intent?
What’s covered? • What type of “Arms” is covered by the 2nd Amendment? • U.S. v. Miller (1939)-sawed off shot-gun was not one of the “Arms” the Founding Fathers had in mind
How History Played a Role • Starting in 1960s, stricter gun control laws passed in reaction to tragic events • 1968 federal gun-control law passed in response to assassinations of RFK and MLK • No convicted felons, minors, illegal aliens • Serial numbers on all guns • 1994 Brady Law passed in reaction to Reagan’s assassination attempt (background check-5day wait) • USSC declared unconstitutional in 1997 • States now have own strict laws (e.g. Plaxico case)
Some Numbers • 280 million firearms in private hands in US • 30 % of US homes have a gun in it • In 2007, 30,000+ Americans died from gun violence (85 deaths a day) • Firearm homicide is the leading cause of death for African Americans ages 1-44 • Firearm-related deaths and injuries result in estimated medical costs of $2.3 billion each year – half of which are borne by U.S. taxpayers.
Gun-Control Advocates • Times have changed since 1700s • Do we still need militias? Do we still primarily hunt for our food? • Harms outweigh the benefits • What are the harms? Benefits? • Founders intended the 2nd Amendment to apply to militias not individuals
Gun Rights Advocates • NRA (National Rifle Association) • Restrictions infringe upon Americans’ 2nd Amendment rights • Law-biding citizens obtain their guns legally whereas criminals obtain them on the “black market” • Founders intended the 2nd Amendment to apply to individuals
Discussion Questions • THINK-PAIR-SHARE • Which is a better way to reduce crime? More gun control or less gun control? Give your reasons. • What restrictions, if any, should the government place on the manufacture of firearms? The sale of firearms? The possession of firearms? Explain.
The Supreme Court • What is the purpose of the Supreme Court? • D.C. v. Heller (2009)-D.C. banning hand guns and requiring rifles, shotguns, and other guns that can be kept in homes must be disassembled was held to be unconstitutional • Reading and Questions Activity