Amendment II

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.

GUNS AND THE LAW

2nd Amendment- the right to bear arms Controversial issue- Why?

1. Availability of guns has aggravated the crime problem

2. Right to own guns for protection or hunting

Gun Control Act of 1968- primary gun law in the US 1. Passed after the assassinations of MLK and

Robert Kennedy (both in 1968) 2. Prohibits convicted felons, minors and

illegal aliens from legally buying guns 3. Prohibits mail order sale of gun (internet) 4. Must be 21 for a handgun and 18 for a long

gun (rifle, shotgun)

Brady Act- Changes to the Gun Control Act in 1993 1. Named for James Brady- White House Press

Secretary who was shot and paralyzed after the assassination attempt and President Reagan (1981)

2. Created a national system of background checks for people who wanted to buy a gun

Brady Act (Continued) 3. In 1997 The Supreme Court declared it was

unconstitutional to force states to do background checks (Power of the states- 10th Amendment) Many states still have background checks in

place Assault weapons ban has also expired