A Well Regulated Militia
Register All Guns ... License All Gun Owners ... Control All Gun Transfers ... Ban All Assault Weapons
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.
A rule or directive made and maintained by an authority.
An armed group of ordinary citizens.
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Founding Father Interpretation
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The Second Amendment was created so that the states could form militias or armies to destroy insurrections or slave rebellions because the federal government had no standing military for a long time.
The Founding Fathers were frightened by a standing army, because they feared coups.
Without a standing army, the only protection the people and the government had were militias.
The Constitution made sure that there was nothing to fear from the Federal government, because there was no standing army.
They feared insurrection and invasions of all sorts.
The militias were empowered by the Constitution to protect against these in the absence of a U.S. army.
That being said, the Founding Fathers seemed to think that guns and militia service were good for character building.
They certainly didn't want to ban them.
On the contrary, gun ownership and militia membership were required by the Militia Act of 1792.
(Excerpted from Huffington Post THE BLOG 6/15/2016 by Richard Potter.)
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Supreme Court Interpretation
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In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court of the United States held, in a 5-4 decision,
that the Second Amendment protects an individual's 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.
The United States Court of Appeals for the District of Columbia Circuit affirmed this decision.
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Common Sense Interpretation
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Ordinary citizens have the right to keep and bear arms.
Armed citizens constitute a militia, and the federal government must regulate militias.
In addition, the federal government can and should regulate gun ownership by individuals.
By doing so, the rights – and safety – of all citizens – gun owners and others – can be protected.
Since 1982, there have been at least 128 mass murders in 36 states.
A huge majority of the weapons were obtained legally – including dozens of assault weapons and semi-automatic handguns.
A majority of the killers were mentally ill, and many displayed signs of it before setting out to kill.
Guns kill people. But ordinary citizens have a constitutional right to keep and bear arms.
People kill people. But existing gun laws don't keep all guns out of the hands of all murderers.
A semi-automatic firearm automatically performs all steps necessary to prepare the weapon to fire again after each firing, but each firing requires a separate trigger pull.
A magazine is an ammunition storage and feeding device for a repeating firearm; magazine-fed means that the next cartridge (bullet) is moved into position and loaded immediately after each shot fired, until the magazine is empty.
Once a magazine is empty, it takes an experienced user only a few seconds to eject it and insert another.
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Semi-automatic Magazine-fed Rifles
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One example is the AR-15.
An AR-15 accepts magazines that hold up to 30 rounds.
Since 2012 there have been 2,654 mass shootings with at least 2,908 people killed and 11,088 people wounded.
AR-15 style rifles were used in at least a dozen mass shootings that received significant coverage. Here are some:
- 2012 Aurora Century 16 Theater (12 killed, 58 injured)
- 2012 Sandy Hook Sandy Hook Elementary School (28 killed, 2 injured)
- 2016 Orlando Pulse Nightclub (49 killed, 53 injured)
- 2017 Las Vegas Music Festival (60 killed, 411 injured)
- 2018 Parkland Marjory Stoneman Douglas HS (17 killed, 17 injured)
- 2018 Pittsburgh Tree of Life Synagogue (11 killed, 7 injured)
- 2019 El Paso Walmart (23 killed, 23 injured)
- 2021 Boulder King Soopers Grocery Store (10 killed, 2 injured)
- 2022 Buffalo Tops Friendly Markets Store (10 killed, 3 injured)
- 2022 Uvalde Robb Elementary School (22 killed, 18 injured)
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Semi-automatic, Magazine-fed Pistols
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Examples are the Glock 19 and the TEC-DC9.
A Glock 19 accepts magazines that hold up to 33 rounds; a TEC-DC9 accepts magazines that hold up to 50 rounds.
A Glock 19 was one of two guns used at Virgina Tech (33 died, 23 injured); a TEC-DC9 was one of four guns used at Columbine (12 died, 59 injured).
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Existing Gun Laws (summaries only — not intended for legal use)
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- National Firearms Act (1934, 1968) aka NFA
> regulates the sale of machine guns, short-barreled rifles and shotguns, and certain "other" firearms (click here for details)
- Passed with the intent of regulating "gangster weapons" soon after the repeal of Prohibition.
- Applies to machine guns and short-barreled (so-called concealable) rifles and shotguns, and certain "other" specialized firearms.
- Excludes long-barreled rifles and shotguns and similar firearms determined to have a "legitimate sporting use", pistols, and revolvers.
- Individuals wishing to purchase an NFA-defined firearm must ...
- obtain approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
- obtain a signature from their county sheriff or city chief of police;
- pass an extensive background check that includes submitting a photograph and fingerprints;
- fully register the firearm with the NFA registry;
- pay a tax of $200 (this fee has remained the same since 1934); and
- receive ATF written permission before moving the firearm across state lines.
- Omnibus Crime Control and Safe Streets Act (1968)
> mandated licensing of gun dealers; regulated interstate gun sales; superseded by GCA (click here for details)
- Created the Law Enforcement Assistance Administration to fund reasearch on the social aspects of crime.
- Title IV applied to handguns (in response to the assassination of President John F Kennedy).
- Raised the minimum age for buying a gun to 21.
- Prohibited unlicensed individuals from traveling to another state, buying and taking possession of a gun, and returning to their home state.
- Allowed licensed dealers to ship guns to licensed dealers in other states; out-of-state guns could be purchased via this mechanism.
- Established a national licensing system for gun manufacturers, importers, and dealers.
- Banned sales to indicted or convicted felons, veterans dishonorably discharged, undocumented immigrants, and the mentally ill.
- As amended, in its current form, is no longer applicable, as it has been superseded by other legislation.
- United States Gun Control Act (1968) aka GCA
> mandates licensing of gun dealers; regulates interstate gun sales but not intrastate private sales (click here for details)
- Passed in response to the assassinations of JFK, Malcolm X, RFK, and Martin Luther King Jr.
- Requires that all newly-manufactured and newly-imported fireamrs bear a serial number.
- Bans the import of non-sporting military surplus rifles and so-called "Saturday Night Specials".
- Mandates the licensing of individuals and companies engaged in the business of selling firearms.
- Prohibits mail order of non-antique firearms, but allows mailing for repair or factory modification.
- Mandates that interstate purchases (other than curios and relics) must go through a licensed dealer.
- Bans unlicensed individuals from acquiring handguns outside their state of residence.
- Prohibits gun ownership by certain broad categories of individuals thought to pose a threat to public safety.
- Excludes private sales between unlicensed individuals who are residents of the same state.
- Sets the minimun age for handgun/ammunition purchase from a licensed dealer at 21.
- Sets the minimun age for rifle/shotgun/ammunition purchase from a licensed dealer at 18.
- Firearm Owners Protection Act (1986) aka FOPA
> eased some of the restrictions that had been imposed by the GCA; clarified the list of prohibited persons (click here for details)
- Passed in response to alleged constitutionally improper ATF investigations and prosecutions.
- Repealed, or loosened restrictions of, numerous portions of the GCA, as follows:
- Allowed interstate sales of long-barreled rifles and shotguns on a limited basis;
- Legalized ammunition shipments through the US Postal Service;
- Removed requirements for record-keeping on sales of non-armor-piercing ammunition;
- Protected transportation of firearms through states where possession would otherwise be illegal;
- Imposed restrictions and/or limitations on ATF's tracking of non-NFA firearms and their owners; and
- Mandated that ATF inspections of licensed dealers can be done only once per year.
- Banned the sale of newly-manufactured machine guns to civilians.
- Clarified the list of prohibited persons, as follows:
- persons convicted of a felony punishable by imprisonment for one year or more;
- fugitives from justice;
- persons who are unlawful users of, or addicted to, controlled substances;
- persons adjudicated as mentally defective or involuntarily committed to a mental institution;
- illegal aliens, except those in possession of a hunting license;
- persons dishonorably discharged from the Armed Forces;
- persons who have renounced their citizenship;
- persons subject to a restraining order related to an intimate partner or a child of same;
- persons convicted of a misdemeanor crime of domestic violence, but not in all states; and
- persons under indictment for a misdemeanor crime punishable by imprisonment for two years or more, until cleared.
- Gun-Free School Zones Act (1990) aka GFSZA
> prohibits guns in school zones other than by contracted security guards and on-duty law enforcement officers (click here for details)
- Prohibits individuals from possessing or discharging a firearm in a defined "school zone".
- Applies to firearms that have "moved in or that otherwise affect interstate or foreign commerce".
- Applies to spaces within 1,000 feet of public, private, and parochial elementary or secondary school grounds.<.li>
- Excludes firearms on private property within a school zone; or that are unloaded, locked up, or locked in a rack on a motor vehicle.
- Excludes possession by individuals who are licensed in that state, and who are qualified to be licensed.
- Excludes contracted security guards or law enforcement officers acting in official capacity.
- Excludes firearms used by individuals enrolled in a school-approved program in that zone.
- Brady Handgun Violence Prevention Act (1993) aka The Brady Act
> requires licensed gun dealers to run background checks; excludes private sales by unlicensed individuals (click here for details)
- Passed after the attempted assassination of President Ronald Reagan, during which Press Secretary James Brady was also shot.
- Requires background checks on individuals buying firearms from a licensed dealer, manufacturer, or importer.
- As originally written, the law provided for a five-day waiting period for handgun sales; but the law also
- Established, in 1998, the National Instant Criminal Background Check System (NICS) maintained by the FBI; so
- Currently, about 92% of background checks are completed while the FBI is still on the phone with the dealer. Also,
- Mandated state/local background checks were declared unconsititutional, but may still be conducted voluntarily.
- Personally identifying information related to allowed gun transfers must be destroyed within 24 hours of the transfer.
- Excludes firearm transfers by unlicensed private sellers that are "not engaged in the business" of dealing firearms.
- Of the over 100 million NICS checks conducted since 1994, about 2 million attempted purchases were blocked, or 2%.
- Federal Assault Weapons Ban (1994-2004, Expired) aka AWB
> banned the manufacture of assault weapons and high-capacity magazines for sale to civilians for ten years (click here for details)
- The AWB was only one part (Title XI, subtitle A) of the Violet Crime Control and Law Enforcement Act.
- Prohibited the manufacture for civilian use of certain semi-automatic firearms -- so-called "assault weapons".
- Applied to firearms with features similar to fully automatic firearms, but which require one trigger pull per shot fired.
- The law banned 19 specific firearms, including the AR-15, TEC-9, AK-47, and Uzi, as well as any rifle, pistol, or shotgun that is:
- capable of accepting a detachable magazine, and which has two or more of the following features:
- telescoping stock ... pistol grip ... flash suppressor ... bayonet tip ... grenade launcher.
- The law also banned the possession of newly-manufactured magazines holding more than 10 rounds of ammunition.
- Excluded manufacture of "assault weapons" for sale to a government or a law enforcement agency.
- Excluded possession or sale of pre-existing "assault weapons" and previously-legal factory-standard magazines.
- Gun laws are not uniform from state to state; some states have very weak gun laws and some states have very strong gun laws.
- To protect the privacy of legal gun owners, most federal records of allowed firearm transfers are destroyed soon after the transfer.
- Data submission to the NICS federal list of probibited persons varies from state to state, so the registry itself is flawed and incomplete.
- Private sales between unlicensed persons (up to 40% of all sales) are not regulated; this is known as the "Gun Show Loophole".
- If an FBI background check takes more than three days, the sale proceeds by default; this is known as the "Charleston Loophole".
- Gun rights groups far outspend gun control groups, particularly in their lobbying of, and political contributions to, elected officials.
- Many Americans believe, incorrectly, that the Second Amendment right to possess firearms prevents effective firearm regulation.
- While research shows that gun laws are effective at preventing gun violence, gun rights activists claim that gun laws do not work.
- The NRA fights to protect Americans' right to protect themselves, but they also oppose nearly all forms of gun control. It's complicated.
- Since 1990, gun rights groups have contributed over $69 million to lawmakers (92% Republican) who then vote against gun control.
- Register all guns. Every gun needs a registration, renewable annually, that tracks its status from manufacture to destruction.
- License all gun owners. Every gun owner needs a license, renewable annually, granted after a test on gun laws and gun safety.
- Control all gun transfers. Every gun transfer, including private sales, must include a background check — no "Gun Show Loophole."
- Ban all assault weapons. Establish a permanent ban on the manufacture of semi-automatic firearms and high-capacity magazines.
- Become more informed by studying existing gun laws and reviewing the facts about guns and gun control.
- Talk to your friends, family, colleagues, and neighbors to encourage productive, civil discourse on guns, gun rights, and gun regulation.
- Urge local and national media representatives to report the facts about guns, gun rights, and gun regulation.
- Contact your state legislators, US senators, and US representative and urge them to support the regulation of firearms.
- Contact the National Rifle Association and urge them, and all their law-abiding members, to support common-sense gun laws.
- Reach out to companies that offer NRA members discounts and question their indirect support the NRA's extreme positons.
- Make a donation to a gun control advocacy group and support their efforts to fight for common-sense effective gun control laws.
- Gabby Giffords and Mark Kelly have the courage to fight gun violence. Visit their Law Center and support their PAC.
- Support March For Our Lives as they promote engagement, education, and action to eliminate the epidemic of gun violence.
Register All Guns ... License All Gun Owners ... Control All Gun Transfers ... Ban All Assault Weapons