gun control and the second amendment

8/8/2019 Gun Control and the Second Amendment

1/15

Gun Control and theGun Control and theSecond AmendmentSecond Amendment

Sides of the DebateSides of the Debate


2/15

Second AmendmentSecond Amendment

A well regulated militia, beingA well regulated militia, being

necessary to the security of anecessary to the security of afree State, the right of thefree State, the right of the

people to keep and bear Arms,people to keep and bear Arms,

shall not be infringed.shall not be infringed.

Second Amendment, USSecond Amendment, US

ConstitutionConstitution


3/15

The QuestionThe Question

Does the Second Amendment prohibitDoes the Second Amendment prohibitall or some forms of regulation ofall or some forms of regulation of

firearms?firearms?


4/15


5/15

TheThe IndividualIndividual ViewView

Each law toward gun control is aEach law toward gun control is a

step toward a band on gunsstep toward a band on guns

1689 English Bill of Rights1689 English Bill of Rightsthatthat

people should be armed notpeople should be armed notonly for militia duty but to protectonly for militia duty but to protect

themselves against a tyrannicalthemselves against a tyrannical

government if need be.government if need be.


6/15

TheThe IndividualIndividual ViewView

The whole of the citizenryThe whole of the citizenry

constitutes the militia and theyconstitutes the militia and theycannot be disarmed by statecannot be disarmed by state

governmentsgovernments


7/15

TheThe MilitiaMilitia ViewView

collective rights viewcollective rights view

states rights viewstates rights view

The Amendment was only toThe Amendment was only to

provide for citizen armiesprovide for citizen armies


8/15


The amendment was intendedThe amendment was intended

to guarantee state militias in ato guarantee state militias in atime when soldiers had totime when soldiers had to

provide their own firearmsprovide their own firearms


9/15


Armed population no longerArmed population no longer

necessary for defensenecessary for defensewe nowwe nowhave a standing army and nohave a standing army and no

one sees a standing army as aone sees a standing army as a

threat to liberty anymorethreat to liberty anymore


10/15


No police in old daysNo police in old days

No evidence that the English BillNo evidence that the English Bill

of Rights was model for Secondof Rights was model for Second

amendmentamendment Debate at first Congress appliedDebate at first Congress applied

to men acting in standing militiato men acting in standing militia

and there was no mention ofand there was no mention ofindividual right to gun ownershipindividual right to gun ownership


11/15

TheThe Civic RightCivic Right ViewView

Serving on jury is like serving inServing on jury is like serving in

militiamilitiaboth protect liberty andboth protect liberty andis essential institution ofis essential institution of

republican society.republican society.


12/15

TheThe Civic RightCivic Right ViewView

Citizens have right to bear armsCitizens have right to bear arms

to meet obligation to participateto meet obligation to participatein militia.in militia.

If citizens are properly trainedIf citizens are properly trained

and their weapons approved byand their weapons approved bythe govthe govt, registered and storedt, registered and storedsafely, they would be entitled tosafely, they would be entitled to

full Second Amendmentfull Second Amendmentprotection.protection.


13/15

Supreme Court InterpretationsSupreme Court Interpretations

US v. Miller (1939)US v. Miller (1939)the onlythe only

Supreme Court case to addressSupreme Court case to addressthe second amendment.the second amendment.

Second Amendment guaranteesSecond Amendment guaranteesright to bear arms as related toright to bear arms as related to

militiamilitia


14/15


GunGun controlcontrol advocates claim thisadvocates claim this

case as a victory because it statescase as a victory because it statesthat ownership of firearms may bethat ownership of firearms may berestricted. Some further interpret therestricted. Some further interpret thedecision to mean one must be adecision to mean one must be a

member of a governmentmember of a government--controlledcontrolledmilitia in order to be protected,militia in order to be protected,although the court did not explicitlyalthough the court did not explicitly

state this.state this.


15/15


GunGun rightsrights advocates claim thisadvocates claim this

case as a victory because theycase as a victory because theyinterpret it to state thatinterpret it to state that

ownership of military weapons isownership of military weapons is

specifically protected.specifically protected.

gun control and the second amendment

Documents