Slide 1Text of the Second AmendmentSlide 3TENNESSEE GUN LAWSTennessee Gun Laws, continuedSlide 6Typical Sign on College CampusesWhat about knives?New Knife Law in TN: July 1Campus Rule: No “Weapons” Hilltopics DefinitionOther “weapons”: NunchukauOther “Weapons”‘Focusing Events’ and ResponsesCalifornia Response to Mass ShootingLegislation Concerning Toy GunsFEDERAL GUN POLICYSt. Valentine’s Day Massacre of 1929: Origin of Federal Gun LawFederal Gun Law: National Firearms Act of 1934Montana is Trying This!Brady Handgun Violence Prevention Act of 1993 (“Brady Bill”)“Brady Bill”2014 Supreme Court RulingsWHAT IS NATIONAL HANDGUN POLICY?SET BY SUPREME COURT: D.C. v. Heller (2008)D.C. v. Heller: Key distinctionSlide 26D.C. V. Heller; Key WordsD.C. V. Heller RationalesPOST-HELLER: Incorporation!McDonald v. Chicago (2010)What is “incorporation”?Why is incorporation needed?McDonald v. Chicago (2010): The OutcomeBasics of Strict ScrutinyHow does a magazine capacity limit fare under strict scrutiny?SummarySelf-Defense in TennesseeCommon Variations Across StatesCan you locate other state laws / self-defense cases?2nd AMENDMENT“The Right to Bear Arms”By Hemant Sharma, University of TennesseeDepartment of Political ScienceText of the Second 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.”•The key lies in dissecting the individual words.All States Have Different Gun Laws Many cities in the same state differ!•Tennessee woman arrested for bringing gun to World Trade Center site: Story; she was lucky to avoid prison, unlike former NFL receiver Plaxico Burress: Story•“Reciprocity” means a state will honor a gun permit from another state; see map of TN reciprocity: TN map; national map: NRA mapTENNESSEE GUN LAWS•Permit required for carry/conceal of loaded weapon outside home–Having ammunition in “close proximity” to the gun = being loaded!–State Senate voted for “open carry,” but House voted against: Link•Guns are not allowed on university (or any school’s) property•LOCAL and STATE parks should now allow guns, although controversy has ensued locally over whether Chilhowee Park is… well, a park!•National parks, like the Smokies, ALLOW guns (but not inside most buildings—check for signs, and see: National Parks).Tennessee Gun Laws, continued•You can keep a loaded gun in your car without a carry permit (as of July 1, 2014)–But you could still be fired by the employer if they ban guns, such as UT… you just wouldn’t face criminal charges!•Bars and restaurants have a choice, but MUST post a sign to ban guns; in ANY situation, you cannot be drinking alcohol with a gun!Typical business sign used to ban guns on a property (such as in a bar)Typical Sign on College CampusesWhat about knives?New Knife Law in TN: July 1•On July 1, 2014, the state of Tennessee officially repealed its ban on switchblades and knives over four inches in length •Universities and schools (and courthouses) can still ban knives; at UT, any knives over three inches are not permitted. LinkCampus Rule: No “Weapons”Hilltopics Definition•The term “weapon” means any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, but not limited to, firearms (loaded and unloaded, real and replica), ammunition, electronic control devices (such as tasers and stun guns), devices designed to discharge an object (such as bb guns, air guns, pellet guns, potato guns, and slingshots), explosives, dangerous chemicals (such as mace, tear gas, and oleoresin capsicum), martial arts weapons, bows and arrows, artificial knuckles, nightsticks, blackjacks, dirks, daggers, swords, and knives with fixed blades longer than three (3) inches.Other “weapons”: Nunchukau•Bruce Lee:Video!!•Banned in NY,CA, and MA.Other “Weapons”•Stun Guns / Tasers / Pepper Spray: http://planetstungun.com/pages/stun-gun-laws‘Focusing Events’ and Responses•Major events that lead to calls for changes in law•Mass shootings fall into this category; (see: Newtown, CT school shooting; Aurora, Colorado movie theater shooting)•The National Rifle Association will campaign against the passage of new gun laws; see here: NRA chartsCalifornia Response to Mass Shooting•Police had executed a “welfare check” on the Santa Barbara shooter weeks before his rampage•The man had a stash of weapons inside but the police did not see them•A new 2015 law mandates assessment of gun registration as a part of “welfare checks”Legislation Concerning Toy Guns•12 year boy holding a toy gun was shot by a police officer in Cleveland, OH•Legislator has called for changes in toy gun design: http://www.cleveland.com/metro/index.ssf/2014/11/ohio_lawmaker_to_introduce_leg.htmlFEDERAL GUN POLICY•Our national Congress has passed some laws related to gun control•The NRA (National Rifle Association) often lobbies against such laws•Federal law only governs certain types of weapons—the rest is up to states•This is a good example of “federalism”St. Valentine’s Day Massacre of 1929:Origin of Federal Gun Law•This event was a mob-related shooting between two rival gangs in Chicago; machine guns were•This event drew attention to the proliferation of automatic weapons and played a role in crafting the National Firearms Act of 1934•Here is a video about the St. Valentine’s Day Massacre: http://www.history.com/topics/saint-valentines-day-massacreFederal Gun Law:National Firearms Act of 1934•Special tax on “DANGEROUS AND UNUSUAL WEAPONS”–Fully automatic weapons, grenades, sawed-off shotguns; exceptions for pre-1898 ‘antiques’–Does NOT apply to semi-automatic (like the AR-15)—those were banned from 1994 to 2004; now up to states•Requires government permit to own these items•Two Amendments to this law: –Gun Control Act of 1968–Firearms Owners’ Protection Act of 1986Montana is Trying This!Brady Handgun Violence Prevention Act of 1993 (“Brady Bill”)“Brady Bill”•Established our national background check system•Named after President Reagan’s former press secretary James Brady, who was permanently disabled after being shot in the head by John Hinckley, who tried to assassinate Reagan in 19812014 Supreme Court Rulings•No “straw