Gun Control: Federal, State or Local?
Resources
Questions
1. The Pennsylvania legislature debated almost 100 proposals relating to crime and gun control. Which of these proposals generated the most controversy?
The most controversial was the proposal which limited handgun purchases to one a month.
2. According to legislators, what is the purpose of these proposals?
The purpose is to reduce violent crime in the state of Pennsylvania. Many urban areas have seen a sharp increase in violent crime recently.
3. Why have some Pennsylvanians spoken out against these proposals?
Many believe that the proposals are infringing upon their Second Amendment right to keep and bear arms. Some also argue that rural communities are being restricted based on problems in urban settings.
4. Does Pennsylvania have the power to place restrictions on gun ownership in Pennsylvania?
Yes. States have historically restricted gun ownership based on a variety of factors and the United States Supreme Court has ruled that the right to own a firearm is not an absolute right. Furthermore, the Supreme Court has not incorporated the Second Amendment of the federal Constitution to the states. Therefore, restrictions on a state’s power to regulate guns would depend on the state’s constitution as well as state laws.
5. Do you think limiting handgun purchases to one a month is an infringement on the people's right to keep and bear arms? Why or why not?
Yes, the Second Amendment states that the right of the people to keep and bear arms shall not be infringed. Limiting the amount of guns one can purchase is an infringement of the people's right to keep and bear arms. Furthermore,as the Supreme Court has held, the right to gun ownership predates the Constitution.
No, the federal and state governments have restricted gun ownership based on a variety of criteria in the past. People have been limited in the type and number of guns they can purchase, they have been prevented from purchasing guns if they have a criminal record, and have also been restricted from purchasing guns without first taking classes or becoming certified in gun safety.
Extensions
1. Have students examine some English and American roots of the Second Amendment. Ask them to write two or three sentences about how the right to bear arms protected in each of these documents compares to the protections of the Second Amendment.
2. Have students research the following cases dealing with the Second Amendment.
