2ND
CURRENT ISSUES
AMENDMENT DEBATE
Warm Up:
What is the Second Amendment?
2nd Amendment
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“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.”
Main Components of
Gun Regulation in the U.S.
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Restrictions on ownership
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Licensing of firearms dealers
Registration of firearms
Prohibitions on certain firearms
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For example, assault weapons ban
Waiting periods and background checks
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Mainly, no felons or minors.
For example, the Brady Bill.
Restrictions on Time and Place of Use:
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For example, Concealed Carry Laws
Lets Talks About Stats
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270 Million civilian firearms in America
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the CDC lists 16,000 homicides in the U.S. in 2013
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11,000 of which were by firearm—predominantly pistols.
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Auto accidents still kill three times as many people as gun homicides do (34,000 in
2013)
Gun suicides occurred at nearly twice the rate of homicides—21,000 in
2013
Other Countries
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There have been no mass killings in Australia since the nation significantly
tightened its gun control laws almost 20 years ago.
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Mass Killing: defined by experts there as a gunman killing five or more
people besides himself
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Mass shootings in Australia were rare before
The UK enacted its handgun ban in 1996
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Before: 10.9 and 13 homicides per million a year
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18.0 in 2003
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11.1 in 2010
Switzerland is 3rd for number of guns per capita between 2.3 million and
4.5 million military and private firearms are estimated to be in circulation
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Population: 8 million people
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0.5 gun homicides per 100,000 inhabitants in 2010
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In the US 5 firearm killings per 100,000 people in 2010
Quick Summary of the Debate
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http://www.huffingtonpost.com/entry/obama-plannedparenthood_us_565da313e4b072e9d1c32125
https://www.youtube.com/watch?v=B5ELyG9V1SY
https://www.youtube.com/watch?v=8gBiwRkgi1g
http://www.youtube.com/watch?v=cOLoIpqfvFg&featu
re=relmfu
http://www.youtube.com/watch?v=McY2rQ-6-KM
What were some events that have retriggered the gun
debate?
What are some gun control advocates calling for?
What are some arguments against?
Second Amendment
ENGLISH TRADITION
 English political tradition (required land
owners to be in a militia)
 English nobility attempted to outlaw guns in
1328
 English Bill of Rights- gave gun rights to some
individuals (protestants).
Second Amendment
AMERICAN TRADITIONS
Colonial History- reliance on militias prior to
organization of Continental Army.
Fear of a standing national army (permanent
military group-maintained in peace & war)
States demanded control over own militias to
protect against Federal tyranny
2nd Amendment in BOR helped protect states and
individuals from too strong central Gov.
Interpretations of the 2nd Amendment
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Five leading issues in debate over guns today:
1. origin of the right to bear arms
2. the meaning of the word “militia”
3. the meaning of “people”
4. incorporation of the BOR, 2nd Amendment in
particular, to the states
5. What are reasonable restrictions?
Where does the right to bear arms
originate?
-English Bill of Rights (1689) clearly spoke of
individual right to bear arms
-but only gave Protestants right to own guns
-Colonial rights associated with a militia
-Mass. and VA Declaration of Rights state, “well
regulated militia is the natural defense of a free
government.”
Definition of “militia”
Different Views
-state armies, like today’s National Guard
(this view denies personal gun ownership)
-group of citizens that could be called together to
defend themselves and neighbors
Who are “the people”
-When 2nd Amendment states “…the right of the
people…” does that mean “individuals?”
-Some say “the people” refers to the state body
-Others say Madison connected “powers” to gov.
bodies, and “rights” to individual people
Incorporation of the 2nd Amendment
14th Amendment-extends, in general, BOR to the
states
-Specifically, BOR incorporated to states on case
by case basis in the Supreme Court
-Supreme Court has not taken many 2nd
Amendment cases-application still not clear
Ex.’s – D.C. handgun law,
-extend to Chicago??
Summary of the DEBATE: PBS
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Need to Know… the Second Amendment
Watch this debate and make a T-chart documenting the
pro’s and con’s of the second amendment.
http://www.cbs.com/shows/60_minutes/video/237323
0339/newtown-families-on-gun-control-part-one
http://www.pbs.org/wnet/need-to-know/video/needto-know-april-26-2013-american-gun-debate/16827/
Discussion Questions
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2.
3.
Does the 2nd Amendment refer to a well regulated
militia, or to individual gun ownership?
Does the 2nd Amendment attempt to protect against
tyrannical government or against crime?
The BOR applies at the national level, should it also
apply at the state level?
Discussion Questions
4.
5.
6.
When does the government have the
right to restrict personal liberty in favor
of safety and the common good?
Is the need to have a “well-regulated
militia” outdated?
Should all weapons be protected under
the 2nd Amendment? If not, what types
should be restricted?