The Second Amendment in details Flashcards
Origins of guns laws
- With the slaves, people wanted guns to defend themselves from the people they enslaved. So it “””makes sense””” historically, that people wanted to be able to bear guns.
- Also, the right to own guns today is justified because Americans think they need to protect themselves from an authoritarian federal government.
Reminder about amendments and their consequences on states
The bill of rights was not intended to be for all states as each had their own version of the bill of rights.
The first sentence of the first Amendment : Congress shall make no law… shows that the intend was to restrict the federal government and not the states.
So in this case, they said that if a state wants to ban guns, they can because it applies to the federal government. New York has been very strict about guns since forever, but today it is no longer going to be able to apply those restrictions because it was recently made clear that this amendment is at the federal level.
Limit to the second amendment
- It is not allowed to own a machine gun, a bazooka, etc., so clearly there are some things that the government can prohibit. The kind of weapon matters.
- weapons have to be registered
- Federal firearms laws only prohibit weapons purchases for those convicted of afelony, or a misdemeanor with a prison term of over 24 months.
New York case
- A New York law that imposes strict limits on carryinggunsoutside the home seems unlikely to survive its encounter with the Supreme Court
To know about the 2nd amendment and the medias
Mass shootings get a disproportionately large part of media coverage and debate, but account for only a tiny fraction of gun violence in the US.
Open carry laws and “peaceful assembly” are a potentially dangerous combination reponsible for a few deaths last year.