Mr. Calella Introduction to Law “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 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 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) 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. 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 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 THINK-PAIR-SHARE 1. Which is a better way to reduce crime? More gun control or less gun control? Give your reasons. 2. What restrictions, if any, should the government place on the manufacture of firearms? The sale of firearms? The possession of firearms? Explain. 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