With My Rifle by My Side: A Second Amendment Lesson

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Why is the right to own guns so important to Americans? What are your thoughts on the plan? What do you think of the law? What can and should schools do to keep students safe? Would armed guards in schools make them safer against gun-related attacks? What do you think? People have very strong opinions and political beliefs regarding guns in America, and even when viewing the same statistics and research, can come to different conclusions. Here are some sources to help demonstrate that complexity and open discussion on the issue: The article 12 Facts About Guns and Mass Shootings in the United States by Ezra Klein, in his Washington Post blog post reviews various statistics on different facets of the gun issue.

Klein points out that U. He also notes that U. What is your response to the information and conclusions in this article? Look at the conclusions that David Hemenway, Harvard University professor of health policy , made based on statistics he reviewed. Hemenway notes that a child in the U. He also points out that compared to these other countries, the U. Do you agree with his conclusions? Listen to the conclusions of a panel of researchers who presented at Johns Hopkins University - Bloomberg School of Public Health data on gun violence and the effectiveness of gun regulations.

The presentation, Guns and Public Health and Safety , is 53 minutes long. If time is an issue for classroom viewing, the first four minutes of the video can be skipped. The researchers indicate that compared to other countries with a similar level of wealth, the United States has neither the highest rate of gun ownership nor significantly higher rates of homicide or general violence.

The U. Do you agree with the presenters' conclusions? Back to Top. Receive timely lesson ideas and PD tips. Sitemap Close Sitemap. Sign up for our free weekly newsletter and receive top education news, lesson ideas, teaching tips and more! No thanks, I don't need to stay current on what works in education! Go to Full Site. We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time.

We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons. The four dissenting justices said that the majority had broken established precedent on the Second Amendment, [66] and took the position that the Amendment refers to an individual right, but in the context of militia service. In June , a Chicago law that banned handguns was struck down. The ruling stated that "The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.

One way advocacy groups influence politics is through "outside spending," using political action committees PACs and c 4 organizations. Another way advocacy groups influence politics is through lobbying ; some groups use lobbying firms, while others employ in-house lobbyists. In August , an open source group called Defense Distributed launched a project to design and release a blueprint for a handgun that could be downloaded from the Internet and manufactured using a 3-D printer.

On January 16, , in response to the Sandy Hook Elementary School shooting and other mass shootings, President Barack Obama announced a plan for reducing gun violence in four parts: closing background check loopholes; banning assault weapons and large capacity magazines; making schools safer; and increasing access to mental health services.

Even in the face of repeated mass killings. If you look at the number that have been killed by gun violence, it's in the tens of thousands. And for us not to be able to resolve that issue has been something that is distressing. But it is not something that I intend to stop working on in the remaining 18 months. The Arms Trade Treaty ATT is a multilateral treaty that regulates the international trade in conventional weapons , which entered into force on December 24, It entered into force on December 24, after it was ratified and acceded to by 50 states. This was a reversal of the position of the Bush administration which had chosen not to participate in the treaty negotiations.

Then in October a bipartisan group of 50 senators and representatives released concurrent letters to President Barack Obama pledging their opposition to ratification of the ATT. Following these two letters, four Democratic senators sent a separate letter to the President stating that "because of unaddressed concerns that this Treaty's obligations could undermine our nation's sovereignty and the Second Amendment rights of law-abiding Americans [they] would oppose the Treaty if it were to come before the U.

Supporters of the treaty claim that the treaty is needed to help protect millions around the globe in danger of human rights abuses. Frank Jannuzi of Amnesty International USA states, "This treaty says that nations must not export arms and ammunition where there is an 'overriding risk' that they will be used to commit serious human rights violations.

It will help keep arms out of the hands of the wrong people: those responsible for upwards of 1, deaths worldwide every day. Following the Las Vegas shooting in October and the Stoneman Douglas High School shooting in February , President Donald Trump and the DoJ sought ways to ban bump stocks , devices that can be used to make semi-automatic weapons fire as fully automatic ones as used in both shootings.

Initially, the DoJ believed it had to wait for Congress to pass the appropriate legislation to ban the sale and possession of bump stocks. In a study conducted by the Law Center to Prevent Gun Violence , state gun laws were examined based on various policy approaches, and were scored on grade-based and ranked scales.

Positive points were also given for states that required background checks on all firearm sales and limit bulk firearms purchases, prohibiting sales of assault weapons and large capacity magazines, stricter evaluation on applications when issuing a handgun concealed carry license especially prohibited domestic violence offenders.

Points were deducted from states with laws that expanded access to guns, allowed concealed carry in public areas particularly schools and bars without a permit or passed "Stand Your Ground Laws" — which remove the duty to retreat and allow people to shoot potential assailants. Eventually, states were graded indicating the overall strengths or weakness of gun laws. A comparable study of state laws was also conducted in Furthermore, among different kinds of legislation, universal background checks were the most effective at reducing gun-related deaths. The Gallup organization regularly polls Americans on their views on guns.

On December 22, []. On April 25, []. On October 6, []. In January []. On October 19, []. On October 16, []. A member poll conducted for the NRA between January 13 and 14, found: []. Rights-based arguments involve the most fundamental question about gun control: to what degree the government has the authority to regulate guns. The primary author of the United States Bill of Rights , James Madison , considered them — including a right to keep and bear arms — to be "fundamental. The view that gun ownership is a fundamental right was affirmed by the U.

Supreme Court in District of Columbia v. Heller The Court stated: "By the time of the founding, the right to have arms had become fundamental for English subjects. City of Chicago , it looked to the year , when the amendment was ratified and said that most states had provisions in their constitutions explicitly protecting this right. The Court concluded: "It is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.

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. Prior to District of Columbia v. Heller , in the absence of a clear court ruling, there was a debate about whether or not the Second Amendment included an individual right. Before Heller gun rights advocates argued that the Second Amendment protects an individual right to own guns.

They stated that the phrase "the people" in that amendment applies to individuals rather than an organized collective and that the phrase "the people" means the same thing in the 1st, 2nd, 4th, 9th, and 10th Amendments. Magarian argued that this final decision by the Supreme Court was a misinterpretation of the U. After the Heller decision there was an increased amount of attention on whether or not the Second Amendment applies to the states. In in the case of McDonald v. City Chicago , the Supreme Court ruled that the Second Amendment's provisions do apply to the states as a result of the Fourteenth Amendment.

The eighteenth-century English jurist William Blackstone b. Constitution, [] called self-defense "the primary law of nature" which he said man-made law cannot take away. George Tucker b. In both Heller and McDonald the Supreme Court deemed that the right of self-defense is at least partly protected by the United States Constitution. The court left details of that protection to be worked out in future court cases. The two primary interest groups regarding this issue are the Brady Campaign and the National Rifle Association. Another fundamental political argument associated with the right to keep and bear arms is that banning or even regulating gun ownership makes government tyranny more likely.

Various gun rights advocates and organizations, such as former governor Mike Huckabee , [] former Congressman Ron Paul , [] and Gun Owners of America, [12] say that an armed citizenry is the population's last line of defense against tyranny by their own government. This belief was also familiar at the time the Constitution was written.

A right of revolution was omitted from the Constitution, and instead, the Constitution was designed to ensure a government deriving its power from the consent of the governed. The theory states that gun regulations enforced by the Third Reich rendered victims of the Holocaust weak, and that more effective resistance to oppression would have been possible if they had been better armed. This counterfactual history theory is not supported by mainstream scholarship, [] : , [] : , [] : though it is an element of a "security against tyranny" argument in U.

The Declaration of Independence mentions "the Right of the People to alter or to abolish" the government, and Abraham Lincoln 's first inaugural address reiterated the "revolutionary right" of the people. In the urban industrial society of today, a general right to bear efficient arms so as to be enabled to resist oppression by the government would mean that gangs could exercise an extra-legal rule which would defeat the whole Bill of Rights.

Historian Don Higginbotham wrote that the well-regulated militia protected by the Second Amendment was more likely to put down rebellions than participate in them. Kennedy wrote in that, "it is extremely unlikely that the fears of governmental tyranny which gave rise to the Second Amendment will ever be a major danger to our nation Public policy arguments are based on the idea that the central purpose of government is to establish and maintain order. This is done through public policy, which Blackstone defined as "the due regulation and domestic order of the kingdom, whereby the inhabitants of the State, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood, and good manners, and to be decent, industrious, and inoffensive in their respective stations.

The public policy debates about gun violence include discussions about firearms deaths — including homicide, suicide, and unintentional deaths — as well as the impact of gun ownership, criminal and legal, on gun violence outcomes. After the tragedy of Sandy Hook, the majority of people, including gun owners and non-gun owners, wanted the government to spend more money in order to improve mental health screening and treatment, to deter gun violence in America.

In the United States in there were 3. The U. Meanwhile in the same year of Japan, there were only 13 deaths that were involved with guns. In incidents concerning gun homicide or accidents, a person in America is about times more likely to die than a Japanese person. S, while guns were used to kill about 50 people in the U. Within the gun politics debate, gun control and gun rights advocates disagree over the role that guns play in crime. Gun control advocates concerned about high levels of gun violence in the United States look to restrictions on gun ownership as a way to stem the violence and say that increased gun ownership leads to higher levels of crime, suicide and other negative outcomes.

Studies using FBI data and Police Reports of the incidents, have found that there are approximately 1, verified instances of firearms used in self-defense annually in the United States. Despite this, the United States has seen its gun homicide rate decline since the s. Gun Control has limited the availability of firearms to many individuals. Some of the limitations include any persons who have been dishonorably discharged from the military, any person that has renounced their United States citizenship, has been declared mentally ill or committed to a mental institution, is a fugitive, is a user or addicted to a controlled substance, and anyone illegally in the country.

There were also 22, suicides that were performed with the assistance of a firearm. According to Rifat Darina Kamal and Charles Burton, in , study data, presented by Priedt , showed that just the homicide rate, by itself, was 18 times greater than the rates of Australia, Sweden, and France.

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There is an open debate regarding a causal connection or the lack of one between gun control and its effect on gun violence and other crimes. The numbers of lives saved or lost by gun ownership are debated by criminologists. Research difficulties include the difficulty of accounting accurately for confrontations in which no shots are fired and jurisdictional differences in the definition of "crime. Such research is also subject to a more fundamental difficulty affecting all research in this field: the effectiveness of the Criminal Law in preventing crime in general or in specific cases is inherently and notoriously difficult to prove and measure, and thus issues in establishing a causal link between gun control or particular gun control policies and violent crime must be understood to be an aspect of a more general empirical difficulty, which pervades the fields of Criminology and Law at large.

It is not simple, for example, to prove a causal connection between the laws against murder and the prevailing murder rates, either. Consequently, this general background must be appreciated when discussing the causal and empirical issues here. A study published in The American Journal of Economics and Sociology in concluded that the amount of gun-related crime and deaths is affected more by the state of the area in terms of unemployment, alcohol problems and drug problems instead of the laws and regulations.

How the NRA Rewrote the Second Amendment - Michael Waldman - POLITICO Magazine

A CDC study determined "The Task Force found insufficient evidence to determine the effectiveness of any of the firearms laws or combinations of laws reviewed on violent outcomes. In , the Public Health Law Research program, [] an independent organization, published several evidence briefs summarizing the research assessing the effect of a specific law or policy on public health, that concern the effectiveness of various laws related to gun safety.

Among their findings:. Gary Kleck , a criminologist at Florida State University , and his colleague Marc Gertz , published a study in estimating that approximately 2. The incidents that Kleck extrapolated based on his questionnaire results generally did not involve the firing of the gun, and he estimates that as many as 1. The NCVS survey differed from Kleck's study in that it only interviewed those who reported a threatened, attempted, or completed victimization for one of six crimes: rape, robbery, assault, burglary, non-business larceny, and motor vehicle theft.

A National Research Council report said that Kleck's estimates appeared to be exaggerated and that it was almost certain that "some of what respondents designate[d] as their own self-defense would be construed as aggression by others". Research based on the NCVS data set largely confirms Hemenway's earlier results, showing approximately 55, uses of a firearm in self-defense from a violent crime in the United States for the 3-year period of — In a review of his own research, Kleck determined that of 41 studies half of them found a connection between gun ownership and homicide but these were usually least rigorous studies.

Only six studies controlled at least six statistically significant confound variables, and none of them showed a significant positive effect. Eleven macro-level studies showed that crime rates increase gun levels not vice versa. The reason that there is no opposite effect may be that most owners are noncriminals and that they may use guns to prevent violence. Commenting on the external validity of Kleck's report, David Hemenway , director of the Harvard Injury Control Research Center , said: "Given the number of victims allegedly being saved with guns, it would seem natural to conclude that owning a gun substantially reduces your chances of being murdered.

Yet a careful case-control study of homicide in the home found that a gun in the home was associated with an increased rather than a reduced risk of homicide. Virtually all of this risk involved homicide by a family member or intimate acquaintance. One study found that homicide rates as a whole, especially those as a result of firearms use, are not always significantly lower in many other developed countries. Kleck wrote, " Overall firearm mortality rates are five to six times higher in high-income HI and upper-middle-income UMI countries in the Americas The rate of firearm deaths in the United States Suicide and homicide contribute equally to total firearm deaths in the U.

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Firearms accounted for The number of federal and state gun laws is unknown. A American Journal of Preventive Medicine study says , [] and the NRA says 20,, though the Washington Post fact checker says of that decades-old figure: "This 20, figure appears to be an ancient guesstimate that has hardened over the decades into a constantly repeated, never-questioned talking point. It could be lower, or higher, depending on who's counting what.

Most federal gun laws were enacted through: [] []. In addition to federal gun laws, all U. Each of the fifty states has its own laws regarding guns. Forty-four of the fifty US states have the right to keep and bear arms written into their state constitutions. For example, Hawaii's constitution simply copies the text of the Second Amendment verbatim, [] while North Carolina and South Carolina begin with the same but continue with an injunction against maintaining standing armies.

The majority of the remaining states' constitutions differ from the text of the U. Constitution primarily in their clarification of exactly to whom the right belongs or by the inclusion of additional, specific protections or restrictions. Seventeen states refer to the right to keep and bear arms as being an individual right, with Utah and Alaska referring to it explicitly as "[t]he individual right to keep and bear arms", [] [] while the other fifteen refer to the right as belonging to "every citizen", [] "all individuals", [] "all persons", [] or another, very similar phrase.

Arkansas, Massachusetts, and Tennessee all state that the right is "for the common defense", [] [] [] while Virginia's constitution explicitly indicates that the right is derived from the need for a militia to defend the state. Most state constitutions enumerate one or more reasons for the keeping of arms.

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Twenty-four states include self-defense as a valid, protected use of arms; [nb 2] twenty-eight cite defense of the state as a proper purpose. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony". Florida's constitution calls for a three-day waiting period for all modern cartridge handgun purchases, with exceptions for handgun purchases by those holding a CCW license, or for anyone who purchases a black-powder handgun.

After Heller, the issue is: What reasonable gun laws should be passed that will make our families and communities safer, without infringing on the right of law-abiding persons to possess guns for self-defense? This framing of the issue will move the debate from the extremes to the middle and, as such, is highly favorable to progress toward a new, sensible, national gun policy. Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe.

The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States. From Wikipedia, the free encyclopedia.

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  6. For the context of these debates, see Gun violence in the United States. This article may lend undue weight to Gary Kleck. Please help improve it by rewriting it in a balanced fashion that contextualizes different points of view. June Learn how and when to remove this template message. See also: Reconstruction era. This section may require cleanup to meet Wikipedia's quality standards.

    The specific problem is: it is disjointed, one source is poor quality, the other is poorly used Please help improve this section if you can. April Learn how and when to remove this template message. Main article: National Firearms Act. Main article: United States v. Main article: District of Columbia v. Main article: McDonald v. City of Chicago. Main article: 3D printed firearms.

    Main article: Public opinion on gun control in the United States. Play media. Main article: Gun violence in the United States. See also: Crime in the United States and List of countries by intentional homicide rate. Main article: Gun law in the United States. Main article: Gun laws in the United States by state. See also: Category:Firearms-related organizations. The Politics of Gun Control. Boulder, Colorado: Paradigm. Aaron Karp. Pew Research Center. Retrieved October 25, June by Aaron Karp.

    Of Small Arms Survey. See box 4 on page 8 for a detailed explanation of "Computation methods for civilian firearms holdings". See publications home. Ryan Retrieved In Bruce, John M. The Changing Politics of Gun Control. Chatham House. In Mackey, David A. Crime Prevention. They [the NRA] promote the use of firearms for self-defense, hunting, and sporting activities, and also promote firearm safety.

    Retrieved December 30, The New York Times. Guns in American Life. Random House. Horseshoe Bay, Texas: John Robertson. Retrieved November 21, Commonwealth , 2 Littell 90 KY Anti-Crime Program. Washington: U. Government Printing Office, , p. Buzzard , 4 Ark. Dillon endorsed Bishop's view that Buzzard's "Arkansas doctrine," not the libertarian views exhibited in Bliss, captured the dominant strain of American legal thinking on this question.

    Yale Law Journal. Faculty Scholarship. Cruikshank 92 U. Illinois U. Texas U. Party Kenneth W. Royce Javelin Press. Miller, U. Hartford Courant op-ed. Retrieved May 11, Providence RI. January 14, Parade Magazine : 4—6. USA Today. Retrieved May 2, Contemporary Sociologists. All four books being reviewed discuss how mobilization of the militia movement involved fears of gun control legislation coupled with anger over the deadly government mishandling of confrontations with the Weaver family at Ruby Ridge, Idaho and the Branch Davidians in Waco, Texas.

    Two high-profile cases, the Ruby Ridge and Waco incidents, are discussed because they have elicited the anger and concern of the people involved in the movement. Crothers, Lane Chapter 4 examines the actions surrounding, and the political impact of, the standoff at Ruby Ridge Arguably, the siege Freilich, Joshua D.

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    LFB Scholarly. Gallaher, Carolyn Patriots, however, saw [the Ruby Ridge and Waco] events as the first step in the government's attempt to disarm the populace and pave the way for imminent takeover by the new world order. Chatham House Publishers, Inc. National Journal. Retrieved March 29, Retrieved March 28, Oxford University.

    Moral Controversies in American Politics. Armonk, New York: M. Oxford University Press. Stymies Firearms Research, Scientists Say".

    Retrieved February 5, December 11, Science Insider. American Association for the Advancement of Science. Washington, D. The Washington Post. Congress yesterday approved legislation that would help states more quickly and accurately identify potential firearms buyers with mental health problems that disqualify them from gun ownership under federal law Las Vegas Review-Journal.

    Las Vegas, Nevada. November 5, Retrieved March 11, District of Columbia". Retrieved April 2, Business Insider. Retrieved October 4, Argued March 18, " PDF : 2. Retrieved February 25, Archived from the original on January 7,