gun control and the second amendment

Germany was in the process of liberalizing its strict gun control laws before Hitler came to power, and, with critical exceptions, Hitler continued this trend. what "critical exceptions" are Cook and Goss talking about?

- Jews were banned from manufacturing guns or ammunition - a Jew killed a German embassy worker in Paris, which led to a ban on Jews' acquiring, possessing, and carrying firearms, ammunition, or cutting/stabbing weapons

reasons people give for owning guns

- recreational enjoyment - protection from criminals

varieties of gun-related death

- suicide = 55% - homicide = 35% - accidental death, death during legal intervention, death of undetermined intent = < 10%

how did McDonald vs. Chicago ruling expand decision in Heller case?

Supreme Court ruled that all state and local gun control laws must meet standards of the 2nd amendment

briefly describe the archival evidence Volokh presents to support his claim (evidence Supreme Court relied upon in Heller decision)

US vs. Miller: - miller was indicted for carrying a short-barreled shotgun across state lines, in violation of the National Firearms Act - miller claimed this was a violation of the 2nd amendment - supreme court sided against miller - reasoned that short-barrelled shotgun had no reasonable relationship to the efficiency of a well-regulated militia, thus the NFA is not in violation of the 2nd amendment

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

post civil war "black codes"

banned free slaves from carrying guns, which was soon deemed unconstitutional by the 14th amendment

gun control and citizen militias in the Revolutionary era

citizen militias were responsible for the common defense, so states had an interest in ensuring they were prepared, which included maintaining private arms

how does the prevalence of defensive gun use compare to that of guns used in criminal attacks?

defensive gun use is substantially more common than criminal gun use

which side did Supreme Court take in 2008 DC vs. Heller case?

favored Heller and the individual right to possess firearms for lawful use

homicides in the US are most often committed with which type of weapon?

firearms

14th amendment

granted citizenship to "all persons born or naturalized in the United States," which included former slaves recently freed

glenn reynolds: what role did immigration and discrimination play in popularizing the collective-right view in the early 20th century?

increase in immigration lead to gun control as a way of trying to control the population - in order to disarm "undesirable" groups of people, white southerners needed to show that 2nd amendment belonged to the states and not individuals

"individual right" argument of the second amendment

individuals have the right to keep and bear arms

originalism

judges should follow closely to the original meaning of the Constitution's text at the time it was written - associated with the conservative political views

strict constructionism

judges should interpret the Constitution's text narrowly or literally -limits government power associated with conservative power

justification clause of 2nd amendment

only when in contributed to a well-regulated militia or when the well-regulated militia is necessary to the security of the free state

Sullivan Law

some believe gun control was part of a larger effort to control "dangerous classes", which led to the nation's first handgun licensing law

group more likely to say they personally own guns

southern married males

"collective right" argument of the second amendment

states have the right to have militias

loose constructionsim

the constitution gives general general guidance about basic principles but allows "play in the joints" for government to be flexible and to adapt to specific crises - adds modern language - associated with liberal political views

operative clause of the 2nd amendment

the right to keep and bear arms

how are the justification and operative clauses relevant to Eugene Volokh's claim that the 2nd amendment is "commonplace"?

they show that the constitutional rights will often be written in ways that are overinclusive and underinclusive

defensive gun use

using guns in self-defense or defense of others