Senate Concurrent ResolutionNo. 49


Introduced by Senator Knight

(Coauthors: Senators Berryhill, Fuller, Gaines, Huff, and Nielsen)

June 3, 2013


Senate Concurrent Resolution No. 49—Relative to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SCR 49, as introduced, Knight. Firearms.

This measure would commemorate the 5-year anniversary of the District of Columbia v. Heller decision and the United States Supreme Court’s interpretation of the Second Amendment’s “right to keep and bear arms.”

Fiscal committee: no.

P1    1WHEREAS, The United States Constitution is the supreme law
2of the land and the foundation upon which all United States law
3is built; and

4WHEREAS, The Second Amendment to the United States
5Constitution provides that “[a] well regulated Militia, being
6necessary to the security of a free State, the right of the people to
7keep and bear Arms, shall not be infringed”; and

8WHEREAS, On June 26, 2008, the United States Supreme Court
9issued its historic decision in District of Columbia v. Heller to
10recognize that the Second Amendment serves to protect an
11individual’s right to keep and bear arms, unconnected to militia
12service; and

13WHEREAS, For centuries, tyrants have recognized that a
14disarmed population is readily dominated. Moreover, two out of
15three Americans recognize that their constitutional right to own a
16gun was intended to ensure their freedom. To that end, the Heller
P2    1decision recognized that the right to keep and bear arms was
2codified to, among other things, “safeguard against tyranny”; and

3WHEREAS, Private, individual ownership and use of firearms
4has existed in every American state throughout the nation’s history
5and continues to this day as a cherished and fundamental aspect
6of American culture; and

7WHEREAS, State lawmakers have a profound interest in this
8case as guardians of their constituents’ health, welfare, and
9constitutional rights; and

10WHEREAS, June 26, 2013, will mark the fifth anniversary of
11the District of Columbia v. Heller decision; now, therefore, be it

12Resolved by the Senate of the State of California, the Assembly
13thereof concurring,
That the Legislature commemorate the
14five-year anniversary of the District of Columbia v. Heller decision
15and the United States Supreme Court’s true interpretation of the
16Second Amendment’s “right to keep and bear arms”; and be it
17further

18Resolved, That the Secretary of the Senate transmit copies of
19this resolution to the author for appropriate distribution.



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