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DylannRoof10_20_17.pptxThe story of Dylann Roof (handout)
2nd Amendment
"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 interpretation influences a persons point of view on who has the right to "keep and bear arms"
The Second Amendment does not clearly define whom "the people" are.
Militia Act of 1903
Organized militia – consisting of State militia forces; notably, the National Guard and Naval Militia.
Unorganized militia – composing the Reserve Militia: every able-bodied man of at least 17 and under 45 years of age, not a member of the National Guard or Naval Militia.
So – who are the people?
United States Code, title 10, sec. 311 (1956) Militia Composition and Classes
"The militia of the United States consists of all able-bodied males at least 17 years of age and, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States, and of female citizens of the United States who are members of the National Guard
So – who are the people?
Gun ownership advocates
2nd Amendment = any individual, whether in the military or not, should be allowed to own firearms.
The constitutional right should never be taken away because it would completely violate the purpose the bill of rights
Thomas Jefferson - "The strongest reason for the right to bear arms is, as a last resort, to protect themselves against tyranny in government. An armed man is a citizen. An unarmed man is a subject."
Self-protection = most common reasons for owning guns
SCOTUS – District of Columbia v. Heller (2008) handout
Held: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
Gun control advocates
Stricter laws, policies, regulations that address the manufacture, sale, transfer, possession, or modification, or use of firearms citizens
More gun control laws would reduce gun deaths.
High-capacity magazines should be banned because they are related to mass murder.
More gun control laws needed to protect women from domestic abusers and stalkers.
Guns are rarely used in self-defense.
Legally owned guns frequently stolen and used by criminals.
Reduce the societal costs associated with gun violence.
A majority of adults, including gun owners, support common sense gun control such as background checks, bans on assault weapons, and bans on high capacity magazines
Fewer suicides.
Mandatory safety features would reduce the number of accidental gun deaths.
Presence of a gun makes a conflict more likely to become violent.
Armed civilians are unlikely to stop crimes and are more likely to make dangerous situations, including mass shootings, more deadly.
Countries with restrictive gun control laws have lower gun homicide and suicide rates than the United States.
Facts about guns
US = highest gun-ownership rate in the world — 88.8 guns owned per 100 people (2012)
79% male /80% female gun owners feel safer,
64% living in a home with a gun felt safer.
100% of deaths per year in which a child under 6 years shoots and kills himself or another child could be prevented by automatic child-proof safety locks.
CDC = firearms the #12 cause of all deaths between 1999 and 2013,
#1 method of death by homicide (66.6%) and suicide (52.2%).
Mexico has strict gun control laws BUT - Mexico had 11,309 gun murders and the US had 9,146 gun homicides in 2012
5 women per day are killed by guns in America. A woman's risk of being murdered increases 500% if a gun is present during a domestic dispute.
How did Roof get a gun? handout
Since 1998 - F.B.I. has rejected more than 2 million sales of firearms —because the buyers are convicted felons, or fugitives from justice, or mentally ill persons
BUT - Gaps in F.B.I.‘s database of criminal and mental health records have allowed THOUSANDS to buy firearms who should have been prohibited.
Many states fail to send data on people with mental illness (private health information)
Before the Virginia Tech shooting – 2007....Judge declared the gunman mentally ill, but record was not sent to the F.B.I. Gunman passed background check and bought the weapons used to kill 32 people.
One more loophole......
Government has 3 days to determine whether someone is eligible to buy a gun.
More than 95 % of the time the F.B.I., can tell licensed gun dealers within seconds if a buyer can own a gun.
But when the F.B.I. cannot immediately determine whether the buyer has criminal or psychological records the feds only have 72 hours to clear it up.
If the feds fail to complete the background check within 3 days - buyer is allowed to purchase the gun.
About 3,000 firearms were sold to prohibited buyers through this loophole last year.
