Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Gun Control: Is It Constitutional?

No description
by

hannah grosman

on 3 February 2015

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Gun Control: Is It Constitutional?

Is it constitutional?
Precedents
Opinions of The People
Why is gun control controversial?
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.
The Context:
The Second Amendment was written in 1791.

Guns of 1791:
Reloading ammo is hard and frequent
Short Distance
Large and hard to hold
Nearly half of the deaths in American wars were from the Civil War. Gun technology has gotten much better
Easier to reload, holding more ammo
Longer range
Smaller, easier to handle
Guns of today
Much more ammo
Very long distance and powerful
Easier to hold
The Right to Bear Arms
Militia
Vs.
Individual
Dred Scott vs. Sanford (1857)
Not actually about guns, but the first large mention of Second Amendment.
Am I free?
Am I allowed to own a gun?
US v. Miller (1939)
National Firearms Act
VS.
Loses
(Guns that are not ordinary military equipment are not allowed)
District of Columbia vs. Heller
Decision:
5 vs. 4
Guns are an individual right (in this case talking about self defense in the home), not just for a Militia like the National Guard. This means that it is subject to intermediate level scrutiny (legislature must base laws on "substantial" evidence).

Dissenting Opinion: (John Paul Stevens)
The Court had completely ignored talking about whether gun control laws were legal
If that's what the Founding Fathers wanted, they would have made that a clear part of the Amendment
The “Militia” is only regarding a State Militia

McDonald vs. Chicago
Directly after Heller, caused by decision
( )
Second Amendment protects individual right from state government restrictions, not just federal restrictions. So state gun control laws are subject to intermediate level scrutiny
VS.
(DC law is Federal Law)
Confirmed Heller applied to states
Does the Second Amendment apply to the technologically advanced guns of 2014?
Guns of the Civil War:
The Second Amendment
Religion
Economy
Population (America) opinions
"DRED SCOTT v. SANDFORD." Oyez.org. IIT Chicago-Kent College of Law, n.d. Web. 09 Dec. 2014.
"United States v. Miller." Wikipedia. Wikimedia Foundation, 12 Jan. 2014. Web. 02 Dec. 2014.
"John Paul Stevens on Gun Control." Ontheissues.org. On The Issues, n.d. Web. 11 Dec. 2014.
Gordon, Jesse. "Background on Gun Control." On the Issue. N.p., n.d. Web. 30 Nov. 2014.
"McDonald v. Chicago." Wikipedia. Wikimedia Foundation, 12 Jan. 2014. Web. 02 Dec. 2014.
Missouri
Illinois
individual
is
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.
The Second Amendment
is
Because
^
^
of the State
National Guard
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.
The Second Amendment
individual
is
=
=
Heller makes defending gun control laws very difficult.
Money makes the world go round!
What is Constitutional as of today, according the Heller decision and the Supreme Court, is as follows:
All other laws affecting guns not mentioned.
We believe to find the real answer to the gun control issue, we must first backtrack on the Heller decision, and which was too far reaching and not prudent. The Supreme Court changed the way other courts think about Second Amendment. Courts now have to think about where else you have an individual right to carry arms. Heller set a precedent that affected much more than just the DC law. The Supreme Court could have said that for the people to have a Militia, individuals needed guns in their home.
Because the Second Amendment was written in 1791, it is considerably outdated and the steps necessary to live back then are very different now.
this
is now this
Are either of them safe?
Even though when purchasing a firearm a background check is done this is clearly not enough evidenced by the multiple shootings that occur on a daily basis.
Is that what we want to continue to happen?
The decision of District of Colombia v. Heller is a misinterpretation of the Second Amendment. The Second Amendment only pertains to the rights of the militia
not
the rights of the individual. The states should have the right to regulate the sale of firearms.
=
or
Not in the Home! (For self defense)
Community
References
Gordon, Jesse. "Background on Gun Control." On the Issue. N.p., n.d. Web. 30 Nov. 2014.
"United States v. Miller." Wikipedia. Wikimedia Foundation, 12 Jan. 2014. Web. 02 Dec. 2014.
"McDonald v. Chicago." Wikipedia. Wikimedia Foundation, 12 Jan. 2014. Web. 02 Dec. 2014.
"DRED SCOTT v. SANDFORD." Oyez.org. IIT Chicago-Kent College of Law, n.d. Web. 09 Dec. 2014.
"Guns." Gallup.Com. Gallup, n.d. Web. 04 Dec. 2014.
"Guns and Gun Control." - News. New York TImes, n.d. Web. 06 Dec. 2014.
"Gun Control." Pew Research Center RSS. Pew Research Center, 9 Feb. 2014. Web. 07 Dec. 2014.
Gibson, David. "Is Gun Control A Religious Issue?" The Huffington Post. TheHuffingtonPost.com, 23 July 2012. Web. 08 Dec. 2014.
"Katie Pavlich - Guns and the Economy." Townhall.com. Townhall Magazine, 24 Apr. 2013. Web. 09 Dec. 2014.
Cook, Philip J. and Leitzel, James A., Gun Control. The New Palgrave Dictionary of Economics and the Law (1998)..
"John Paul Stevens on Gun Control." Ontheissues.org. On The Issues, n.d. Web. 11 Dec. 2014.
"Interview with Jonathan Diesenhaus, Attorney for Brady Center To Prevent Gun Violence." Personal interview. 12-14 Dec. 2014.
http://business.time.com/2012/12/18/americas-gun-economy-by-the-numbers/
http://goo.gl/L2VPxg
http://www.people-press.org/2014/12/10/growing-public-support-for-gun-rights/
http://en.wikipedia.org/wiki/Gun_politics_in_the_United_States
http://en.wikipedia.org/wiki/Nunn_v._Georgia
http://www.constitution.org/2ll/bardwell/nunn_v_state.txt
http://civilliberty.about.com/od/guncontrol/a/Gun-Control-History-Georgia-Ban-1837.htm
http://www.civilwar.org/education/history/faq/
Full transcript