2nd Amendment Right to Arms

1
2nd Amendment Right to Arms?

• History of absolute power fear of military
  power.
• Britain tried to disarm America.
• We British subjects could not go to our king
  ask for arms to fight him. Thus, citizen militia
  bore burden of arming themselves. Washington
  raised a regular army.
• Militia fought cowardly in revolution with
  Britain War of 1812. Cincinnatus complex.
  Like citizen bubbas thinking they can do as good
  as pro football player.

2
Militia transformed

• Washington urged Constitution authors to
  authorize a small professional military in
  Constitution Article 1 did (cant trust citizen
  bubbas with defense of country).
• But kept authority to call up a citizen militia
  in Constitution.
• Bill of Rights ratified in 1791 (2nd).

3
2nd Amendment Right to Arms?

• (Because) 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.
• Individual rights or collective rights?
• Republican Chief Justice Warren Burger. Said
  collective rights as has every supreme court
  decision over 2 centuries. Insert because as
  1st word of 2nd Amendment will help citizens
  understand it he said. For a number of reasons,
  he argues that the 2nd will never be useful and
  should be repealed or amended for clarification.

4
Militia defined

• Militia Act of 1792
• By 1794, all states required to pass their own
  laws to bring citizen militia in line with
  Federal law. States refused. Why?
• After War of 1812, due to cowardly performance of
  militias, they would never be used again until
  after 1903.
• Militia Act of 1903. What is the militia?
• (Organized reserve organized)

5
2nd Amendment continued ...

• According to Chief Justice Burger, when is 2nd
  Amendment applicable?
• (1) to allow government activation of the
  reserve militia, abandoned since 1812, or the
  organized militia
• (2) When activated, if Federal Government did
  not/would not provide weapons for that reserve or
  organized militia.

6
Supreme Court rulings

• U. S. v. Cruikshank, 1876 the Force Act of 1870
• Presser v. Illinois, 1886
• Miller v. Texas, 1894
• U. S. v. Miller, 1939

7
What Gun Rights You Have?

• Citizen gun rights free of government regulation
  control is mainly a legislative right!
• Citizens who want more gun restriction or less
  should lobby state legislatures and Congress and
  the President.
• Many do not want criminals and other undesirables
  (like those with mental problems), to legally buy
  firearms over the counter, and possess them,
  especially those deemed dangerous to society.
• FEDERAL LAW Anyone convicted of many crimes,
  including misdemeanor violence may not possess
  firearms for the rest of his/her life!

8
Search for Truth

• Think about what happens if you are caught
  violating gun laws.
• Earth flat? NRA claims individual CONSTITUTIONAL
  gun right free of legal restriction by govt.
  Just not true never has been.
• Tens of thousands in prison for violating gun
  laws of national, state local govt. Why if
  have constitutional right? Why such laws not
  overturned by Courts?
• McVea believed govt violated church gun rights
  his misperceptions justified his murders.

9
Heller v. DC

• Heller v. DC. SC 5-4. DC law stated handguns
  illegal required child safety locks on long
  guns in this federal jurisdiction. SC stated is
  an unconstitutional ban. Handguns are arms
  individuals need them unlocked to protect
  themselves.
• Reverses a 2 century position (stare decisis) of
  the court that 2nd refers to a military
  organizations - not individual citizens. The
  dissenters said the court's judgment was "a
  strained and unpersuasive reading.

10
McDonald v. Chicago

• This case challenges a 7th Circuit court ruling
  that said the Second Amendment applies only to
  federal regulation of an individual's right to
  guns, and not in cases of restrictions by states
  and municipalities like Chicago and Oak Park,
  Ill.
• 5 on the US SC want to re-visit the question of
  incorporation.