Symposium Worksheet To Keep & Bear Arms: An Name r Arms: An Individual or Collective Right? Directions: 1. With your partner, use the graphic organizer below to keep track of how each term was defined in your assigned reading If one or more of the forms is not specifically addressed, write 'NA' or 'not applicable.' D.C. v. Heller (Dissenting Opinion) Terms D.C. v. Heller (Majority Opinion) Well regulated Militia Free State the People Keep and bear Arms 2. Share your findings with the rest of your study group. As the other members of your group share findings from their assigned reading, lake notes in the graphic organizer above. Be prepared to discuss your findings with the entire class. 3. Based on your findings and those of your group partners, use the graphic organizer below to write down what you think is the strongest argument offered by each side. Strongest Majority Argument Strongest Dissenting Argument 0 4. Which side made the strongest case? Place a check mark next to the opinion your group chooses. In the space below, write down the reasons you made this selection. Mccormick To Keep & Bear Arms: An Individual or Collective Right?District of Columbia v. Heller (2008) Name Case Summary and Key Key Points from the Majority Opinion Points from the Majority The majority opinion sets forth the Supreme Court's decision and offers an explanation for it. Important terms are in bold italics. Opinion Delivered by Justice The Second Amendment does not only protect the right of Scalia (Individual Right) an organized militia to keep and bear arms, but also the right of the people. Case Summary The 18th century meaning of arms "is no different from the In 1976. the District of Columbia passed one of the nation's meaning today, The term was applied, then as now, to weapons strictest gun control laws. The law prohibited handgun ownership that were not specifically designed for military use and were not by anyone in D.C. who did not own one before the law was employed in a military capacity." passed. Individuals who owned handguns before the law was enacted were allowed to keep them, but only in their homes. 'Keep arms was simply a common way of referring to possessing Although individuals could still purchase rifles and shotguns arms, for militiamen and everyone else." those weapons also had to be kept in the home after the law was enacted. And all weapons, regardless of type, had to be kept "At the time of the founding, as now, to bear meant to 'carry." disassembled or fitted with trigger locks. (If a weapon is kept disassembled, it must be reassembled before it can be fired. When the elements listed above are considered together, the Similarly, weapons with trigger locks cannot be fired until the Supreme Court found that they " guarantee the right of individuals trigger is unlocked. These requirements prevent weapons from to possess and carry weapons in case of confrontation." being fired accidentally.) A well regulated militia is defined as "all able-bodied men." In 2008, the U.S. Supreme Court handed down its decision in the andmark case, District of Columbia v. Heller. The facts of the "The adjective well-regulated implies nothing more than the ase were explained in the opinion delivered by Justice Scalia. imposition of proper discipline and training." The case centered around defendant Dick Heller, "a D.C. special police officer authorized to carry a handgun that he wished to The phrase 'security of a free state' means the security of a free keep at home, but the District refused. He thereafter filed a lawsuit country, not the security of individual states in the Union. in the Federal District Court for the District of Columbia seeking, on Second Amendment grounds, to enjoin (prohibit) the city from While the Second Amendment does suggest that it was written to enforcing the bar on the registration of handguns, the licensing "prevent elimination of the militia," most Americans undoubtedly requirement insofar is it prohibits the carrying of a firearm in the thought the right to bear arms was even more important for self- home without a license, and the trigger-lock requirement insofar defense and hunting. "But the threat that the new Federal Govern- as it prohibits the use of 'functional firearms' within the home." ment would destroy the citizens' militia by taking away their arms was the reason that right was [added to] a written Constitution." In a 5-4 decision, the Supreme Court struck down the D.C. ban on handgun possession, which the majority of Justices interpreted "Like most rights, the right secured by the Second Amendment is as violation of the Second Amendment. For the first time in the not unlimited." Felons and the mentally ill can still be prohibited nation's history, the Court decided that the Second Amendment from owning firearms. Laws may still be enacted to prohibit the guarantees an individual's right to own a gun for self-defense. carrying of firearms in schools and government buildings. Laws can also be passed to impose restrictions on the commercial sale of arms. The Supreme Court is aware of the problem of handgun violence in this country, and takes seriously the concerns raised by those who believe that prohibiting handgun ownership is a solution. However, the Second Amendment prevents the absolute prohibition of handguns "held and used for self-defense in the home." Some may think this amendment is outdated since the nation has a standing army and well-trained police forces to protect citizens, especially since gun violence is a serious problem. "While that is perhaps debatable, it is not the role of the Supreme Court to pronounce the Second Amendment extinct."Name District of Columbia v. Heller (2008) Key Points from the Dissenting Opinion The dissenting opinion gives the Justices who disagreed with the majority opinion an opportunity to express their views and reasons Case Summary and Key for disagreeing. Important terms are in bold italics. Points from the Dissenting . . ..... . Opinion Delivered by Justice 'Guns are used to hunt, for self-defense, to commit crimes, for sporting activities, and to perform military duties. The Second Stevens (Collective Right) Amendment plainly does not protect the right to use a gun to rob a bank; it is equally clear that it does encompass the right to use weapons for certain military purposes." Case Summary In 1976, the District of Columbia passed one of the nation's The Second Amendment was adopted to protect the right of the strictest gun control laws. The law prohibited handgun ownership people in each state to maintain a well regulated militia. "It was by anyone in D.C. who did not own one before the law was passed. Individuals who owned handguns before the law was a response to concerns raised during the ratification of the enacted were allowed to keep them, but only in their homes. Constitution that the power of Congress to disarm the state Although individuals could still purchase rifles and shotguns, militias and create a national standing army posed an intolerable those weapons also had to be kept in the home after the law was threat to the sovereignty of the several states.' enacted. And all weapons, regardless of type, had to be kept disassembled or fitted with trigger locks. (If a weapon is kept The Second Amendment "explains that the militia is necessary disassembled, it must be reassembled before it can be fired. to the security of a free State" and that it must be well regulated. Similarly, weapons with trigger locks cannot be fired until the trigger is unlocked. These requirements prevent weapons from 'The Framers' single-minded focus in crafting the constitutional being fired accidentally.) guarantee to keep and bear arms was on military uses of firearms, In 2008, the U.S. Supreme Court handed down its decision in the which they viewed in the context of state militias. landmark case, District of Columbia v. Heller. The facts of the case were explained in the opinion delivered by Justice Scalia. The Second Amendment protects the right of the people who The case centered around defendant Dick Heller, "a D.C. special have a "duty to serve in the militia." police officer authorized to carry a handgun that he wished to keep at home, but the District refused. He thereafter filed a lawsuit The ultimate purpose of the Amendment "was to protect the States' in the Federal District Court for the District of Columbia seeking, share of the divided sovereignty created by the Constitution." on Second Amendment grounds, to enjoin (prohibit) the city from enforcing the bar on the registration of handguns, the licensing To keep and bear arms means to possess arms if needed requirement insofar is it prohibits the carrying of a firearm in the for military purposes and to use them in conjunction with home without a license, and the trigger-lock requirement insofar military activities." as it prohibits the use of 'functional firearms' within the home." 'Different language surely would have been used to protect In a 5-4 decision, the Supreme Court struck down the D.C. ban on nonmilitary use and possession of weapons from regulation if handgun possession, which the majority of Justices interpreted such an intent had played any role in drafting the Amendment." as violation of the Second Amendment. For the first time in the nation's history, the Court decided that the Second Amendment guarantees an individual's right to own a gun for self-defense. Mccormick To Keep & Bear Arms: An Individual or Collective Rig