BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SCR 49
          Author:   Knight (R), et al.
          Amended:  6/27/13
          Vote:     21
          _________________________________________________________________ 
          _

           SENATE FLOOR  :  15-14, 7/8/13 (FAIL)
          AYES:  Anderson, Berryhill, Cannella, Correa, Emmerson, Fuller,  
            Gaines, Galgiani, Huff, Knight, Nielsen, Roth, Walters,  
            Wright, Wyland
          NOES:  Block, Corbett, DeSaulnier, Evans, Hancock, Hill,  
            Jackson, Leno, Liu, Monning, Padilla, Pavley, Steinberg,  
            Torres
          NO VOTE RECORDED:  Beall, Calderon, De León, Hernandez, Hueso,  
            Lara, Lieu, Wolk, Yee

           
           SUBJECT  :    Firearms

           SOURCE  :     Author


           DIGEST  :    This resolution commemorates the five-year  
          anniversary of the District of Columbia v. Heller decision and  
          the United States Supreme Courts interpretation of the Second  
          Amendments right to keep and bear arms."

           Senate Floor Amendments  of 6/27/13 adds a quote from the  
          District of Columbia v. Heller decision.

           ANALYSIS  :    This resolution makes the following legislative  
          findings:
                                                                CONTINUED





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          1.The United States Constitution is the supreme law of the land  
            and the foundation upon which all United States law is built.

          2.The Second Amendment to the United States Constitution  
            provides that "[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."

          3.On June 26, 2008, the United States Supreme Court issued its  
            historic decision in District of Columbia v. Heller to  
            recognize that the Second Amendment serves to protect an  
            individual's right to keep and bear arms, unconnected to  
            militia service.

          4.For centuries, tyrants have recognized that a disarmed  
            population is readily dominated.  Moreover, two out of three  
            Americans recognize that their constitutional right to own a  
            gun was intended to ensure their freedom.  To that end, the  
            Heller decision recognized that the right to keep and bear  
            arms was codified to, among other things, "safeguard against  
            tyranny."

          5.Private, individual ownership and use of firearms has existed  
            in every American state throughout the nation's history and  
            continues to this day as a cherished and fundamental aspect of  
            American culture.

          6.June 26, 2013, will mark the fifth anniversary of the District  
            of Columbia v. Heller decision.

          7.In the District of Columbia v. Heller decision, the Supreme  
            Court stated that the ruling has its limitations:  "Like most  
            rights, the right secured by the Second Amendment is not  
            unlimited?Although we do not undertake an exhaustive  
            historical analysis today of the full scope of the Second  
            Amendment, nothing in our opinion should be taken to cast  
            doubt on longstanding prohibitions on the possession of  
            firearms by felons and the mentally ill, or laws forbidding  
            the carrying of firearms in sensitive places such as schools  
            and government buildings, or laws imposing conditions and  
            qualifications on the commercial sale of arms."









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          This resolution commemorates the five-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 EFFECT  :    Fiscal Com.:  No

          JG:nl  7/10/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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