2nd_amendment_PPt

2nd Amendment Overview

  • Right to Bear Arms: The 2nd Amendment of the Constitution protects the right of the people to keep and bear arms.

Text of the 2nd Amendment

  • The exact wording: "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."

Military Context

Standing Army

  • Definition: Composed of full-time professional soldiers.

  • Contrast with army reserves, activated only during wartime.

Militia

  • Definition: A group of citizens organized for military service.

  • Example: The “minutemen” from the American Revolution, who were citizen-soldiers ready for immediate service.

Key Supreme Court Cases

United States v. Cruikshank (1876)

  • Context: Related to the Colfax Massacre, where an armed mob attacked blacks.

  • Legal Background: Ringleaders tried under the Enforcement Act of 1870.

  • Court's Findings:

    • Indictment was faulty.

    • 1st Amendment rights do not limit states’ powers over citizens.

    • 2nd Amendment restricts only national government powers; did not apply to state laws.

    • Right to bear arms pre-dated the Constitution.

Presser v. Illinois (1886)

  • Context: Focused on the ban of armed groups parading publicly.

  • Illinois law was an effort to suppress organized labor through banning such parades.

  • Court's Ruling:

    • The right to keep and bear arms was not infringed by the state law.

    • State power to maintain public peace and suppress riots was acknowledged.

    • Bill of Rights limits only federal government, not state governance.

National Firearms Act of 1934

  • Significance: First major federal gun control law mandating registration of specific weapons.

    • Titles of regulated weapons include sound suppressors, fully-automatic firearms, short-barreled rifles/shotguns.

  • Reason: Response to the use of specific firearms by organized crime.

U.S. v. Miller (1939)

  • Context: Involved bootleggers carrying an unregistered sawed-off shotgun.

  • Court's Position:

    • The shotgun's connection to a well-regulated militia was questioned.

    • Court held no constitutional right to keep such a weapon as it didn't relate to militia needs.

  • Conclusion: The NFA's requirement for registering shotguns found not inherently unconstitutional.

Gun Control Act of 1968

  • Purpose: To regulate firearms and prevent acquisition by dangerous individuals.

  • Key Provisions:

    • Regulates interstate commerce in firearms,

    • Prohibits mail order sales,

    • Requires licensed dealer involvement in sales.

    • Serial numbers required on all firearms for tracking.

    • Lists prohibited individuals for firearm ownership including felons and individuals with mental health adjudications.

Lewis v. U.S. (1980)

  • Background: George Lewis Jr. convicted of a felony; later charged under the Gun Control Act for possessing a firearm.

  • Key Ruling: The Act is constitutional; felons can be prohibited from possession regardless of the validity of a conviction.

Brady Handgun Control Act (1994)

  • Initial Requirement: 5-day waiting period for handgun purchases, evolved to a national criminal background check.

  • Implementation: "Instant-check" system developed by the FBI for determining eligibility.

  • Provisions: All federally licensed dealers must conduct background checks before sale and maintain identification verification.

U.S. v. Verdugo-Urquidez (1990)

  • Court Finding: Interpretation of "the people" in the 2nd Amendment aligns with other amendments, showing it protects individual rights rather than collective state rights.