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Gun Control and theGun Control and theSecond AmendmentSecond Amendment
Sides of the DebateSides of the Debate
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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
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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?
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8/8/2019 Gun Control and the Second Amendment
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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.
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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
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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
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TheThe MilitiaMilitia ViewView
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
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TheThe MilitiaMilitia ViewView
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
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TheThe MilitiaMilitia ViewView
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
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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.
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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.
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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
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Supreme Court InterpretationsSupreme Court Interpretations
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.
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Supreme Court InterpretationsSupreme Court Interpretations
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.