Welcome to Unit ThreeWelcome to Unit ThreeIntroduction to Introduction to

Constitutional LawConstitutional Law

Guns, The First Amendment Guns, The First Amendment and Second Amendmentand Second Amendment

Judge Clare McWilliamsJudge Clare McWilliams

First AmendmentFirst Amendment

►The First Amendment of the United StatThe First Amendment of the United States Constitutiones Constitution protects the right to freedom of protects the right to freedom of religion and freedom of expression from religion and freedom of expression from government interference. Freedom of government interference. Freedom of expression consists of the rights to expression consists of the rights to freedom of speech, press, assembly freedom of speech, press, assembly and to petition the government for a and to petition the government for a redress of grievances, and the implied redress of grievances, and the implied rights of association and belief. rights of association and belief.

What does 1What does 1stst Amendment have Amendment have to do with guns?to do with guns?

The Second Amendment right of an individual to a The Second Amendment right of an individual to a firearm does not trump the First Amendment rights firearm does not trump the First Amendment rights of Americans. While the federal courts have treated of Americans. While the federal courts have treated First Amendment rights as fundamental to the First Amendment rights as fundamental to the Constitution, the same courts have not treated any Constitution, the same courts have not treated any Second Amendment right in a similar manner. Second Amendment right in a similar manner.

The Congress and the president have a compelling The Congress and the president have a compelling public interest and constitutional duty to protect the public interest and constitutional duty to protect the First Amendment, and the safety of elected officials First Amendment, and the safety of elected officials and their supporters, by outlawing the discretion of and their supporters, by outlawing the discretion of gun owners to appear at political events with their gun owners to appear at political events with their weapons.  weapons.  Guns at Political Events: A Chilling Effect on the First Amendment by Guns at Political Events: A Chilling Effect on the First Amendment by Howard FrielHoward Friel

Second AmendmentSecond Amendment

►A well regulated Militia, A well regulated Militia, being necessary to the being necessary to the security of a free State, security of a free State, the right of the people to the right of the people to keep and bear Arms, shall keep and bear Arms, shall not be infringed. not be infringed.

What does the 2What does the 2ndnd Amendment have to do with your Amendment have to do with your right to own a gun?right to own a gun?

►Those in opposition to gun control Those in opposition to gun control believe i that the Amendment believe i that the Amendment guarantees the right of individuals to guarantees the right of individuals to possess and carry a wide variety of possess and carry a wide variety of firearms. firearms. 

► Advocates of gun control contend that Advocates of gun control contend that the Amendment was only meant to the Amendment was only meant to guarantee to States the right to guarantee to States the right to operate militias. operate militias.

District of ColumbiaDistrict of Columbia vs. vs. Heller (2008)Heller (2008)

► U. S. Supreme Court, in U. S. Supreme Court, in District of ColumbiaDistrict of Columbia vs. Hellervs. Heller, , struck down a Washington, D.C. ban on individuals having struck down a Washington, D.C. ban on individuals having handguns in their homes.   Writing for a 5 to 4 majority, handguns in their homes.   Writing for a 5 to 4 majority, Justice Scalia found the right to bear arms to be an Justice Scalia found the right to bear arms to be an individual right consistent with the overriding purpose of individual right consistent with the overriding purpose of the 2nd Amendment, to maintain strong state militias.  the 2nd Amendment, to maintain strong state militias.  Scalia wrote that it was essential that the operative Scalia wrote that it was essential that the operative clause be consistent with the prefatory clause, but that clause be consistent with the prefatory clause, but that the prefatory clause did not limit the operative clause.  the prefatory clause did not limit the operative clause.  The Court easily found the D. C. law to violate the 2nd The Court easily found the D. C. law to violate the 2nd Amendment's command, but refused to announce a Amendment's command, but refused to announce a standard of review to apply in future challenges to gun standard of review to apply in future challenges to gun regulations.  The Court did say that its decision should not regulations.  The Court did say that its decision should not "cast doubt" on laws restricting gun ownership of felons "cast doubt" on laws restricting gun ownership of felons or the mentally ill, and that bands on especially dangerous or the mentally ill, and that bands on especially dangerous or unusual weapons would most likely also be upheld.  In or unusual weapons would most likely also be upheld.  In the 2008 presidential campaign, both major candidates the 2008 presidential campaign, both major candidates said that they approved of the Court's decision.said that they approved of the Court's decision.(Exploring Constitutional Conflicts)(Exploring Constitutional Conflicts)

What other interpretation could What other interpretation could have prevailed - Discussionhave prevailed - Discussion

►Strict InterpretationStrict Interpretation►Crime Control versus gun control Crime Control versus gun control

argument (Brady Law and ban against argument (Brady Law and ban against Assault weapons ban)Assault weapons ban)

►Educators keeping schools gun freeEducators keeping schools gun free► Interests of different occupational Interests of different occupational

venuesvenues

Individual /Militia DebateIndividual /Militia Debate

► Is the guarantee of the right to bear Is the guarantee of the right to bear arms an individual within militia, the arms an individual within militia, the militia in general or an individual not a militia in general or an individual not a part of the militia?part of the militia?

►Authority of gun control has generally Authority of gun control has generally rested with the States; Congress rested with the States; Congress regulates via it’s control of interstate regulates via it’s control of interstate commerce.commerce.

Let’s TalkLet’s Talk

►Why does the government have any Why does the government have any interest in this regulation?interest in this regulation?

►Do gun law’s really work?Do gun law’s really work?►Who’s making the money?Who’s making the money?►Power of the NRAPower of the NRA

Great Job Tonight!Great Job Tonight!

Reach me on the email or via Reach me on the email or via telephone with any questions telephone with any questions

or concerns. or concerns.