2nd Amendment

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Constitution
Questions
nd
2 Amendment
• Your important questions answered…
Attitude Inventory
• For each of the questions below:
• Write whether you strongly agree, agree, disagree or strongly
disagree
• And explain why
1. The 2nd Amendment is one of the most important rights listed
in the Bill of Rights.
2. The United States needs additional gun control measures to
control who can get access to guns.
3. The United States needs additional gun control measures to
control what types of weapons people can buy.
The 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 this mean….
• That people have the right to bear arms BECAUSE a well-regulated militia is
needed?
• OR
• That a well-regulated militia is needed AND people should have the right to
bear arms?
POWER writing!
3 minutes
Constitution
Equal
Representation
1st
Amendment
Proportional
Representation
New Jersey
Plan
Enlightenment
2nd Amendment
Articles of
Confederation
Virginia Plan
The Great
Compromise
Bill of
Rights
Thomas
Jefferson
Tinker vs.
Des
Moines
The 2 Interpretations
• The right to bear arms is a COLLECTIVE right
• Given because we need militias/a military
• People who see the 2nd Amendment this way generally want more gun
control
• The right to bear arms is an INDIVIDUAL right
• Given because people have the right to own guns
• People who see the 2nd Amendment this way generally want less/very
limited gun control
IMPORTANT SUPREME COURT CASES
United States v. Miller (1939)
• Background: Law that limited some types of firearms, saying
that they must be registered (1934)
United States v. Miller Decision
• The 2nd Amendment did NOT protect the rights of people who
wanted to buy these guns
• Why: A shotgun with a barrel less than 18 inches long had no
reasonable relation to the a well regulated militia
Lewis v. United States (1980)
• A felon sued, arguing that he deserved his 2nd Amendment
right to own a gun
Lewis v. United States (1980)
Decision
• Decision: The felon’s rights were not protected by the 2nd
Amendment
• Congress could prohibit convicted felons from owning
firearms.
D.C. v. Heller (2008)
• A number of citizens sued Washington D.C. over a law that
restricted their right to have guns (ban on handguns, storage
laws for rifles)
D.C. v. Heller (2008)
Decision
• The Supreme Court overturned the District of Columbia’s gun
law, which banned virtually all weapons, stating that the
Second Amendment protected the individual right to keep
handguns at home for self-defense.
• Federal court denied relief to plaintiffs—2nd amendment
doesn’t apply to individuals
Supreme Court’s evolution on
2nd Amendment
• Until D.C. v. Heller, federal courts only recognized the 2nd
Amendment as a collective right
• Supreme Court’s decision in D.C. v. Heller determined that the
2nd Amendment protects an individual right
GUN CONTROL PROPOSALS
What do you think?
1. Close the “gun show loophole”
• Make those who buy guns at gun shows get background checks
2. Ban “high risk” individuals from getting guns
 People who have domestic violence convictions, previous violent records,
etc.
3. Ban those found to be mentally ill from getting guns
4. Mandatory gun safety classes for gun owners
5. Ban semi-automatic guns
6. Ban magazines with more than 10 rounds
• Do you support this proposal?
• Write “Yes” or “No” next to each proposal to indicate your response.
The Arguments
Pro-Gun Control:
Anti-Gun Control:
• Making crimes harder,
make them rarer
• Most violent crimes are
committed guns
• Background
checks/waiting period
will deter criminals
• Semi-automatic
weapons are meant for
military/police
• An unarmed public is
more dangerous
• Stringent guns laws
won’t reduce shootings
• Criminals will always find
a way to get guns
• Black markets
• Infringement on liberty
Discuss in groups of 4
• Use the task card
Sharing out conclusions:
1. What limits, if any, did your group think should exist on the
2nd Amendment?
2. Which gun control measures had the most support in your
group? Which had the least support?
3. What interesting points did people make in your group
discussion?
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