ANNELISE BUCK AND ROSE FRIEL

Right to Keep and Bear Arms

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 Second Amendment

1939

United States v. Miller

The Facts:

Jack Miller and Frank Layton transported a double barrel 12-guage

shotguninterstate commerce

“NFA IMPOSED A DUTY ON PERSONS TRANSFERRING NFA FIREARMS, AS WELL AS MERE

POSSESSORS OF UNREGISTERED FIREARMS, TO REGISTER THEM WITH THE SECRETARY OF THE

TREASURY”

National Firearms Act

The Issue

An Arkansas district court charged the men with violating the National Firearms Act

The men contended the NFA violated their Second Amendment right

Decision

The Court agreed with Miller and LaytonDistrict Court dismissed the caseEnded in a split vote in the Supreme Court

1994

United States vs. Lopez

Facts

Alfonso Lopez 12th grade Concealed weapon

Charged by Texas Firearm on school premises

Federal charges Gun-Free School Act of 1990

“FORBIDS ‘ANY INDIVIDUAL KNOWINGLY TO POSSESS A FIREARM AT A PLACE THAT HE KNOWS…

IS A SCHOOL ZONE.’” - OYEZ

The Gun-Free School Zones Act of 1990

IssueIssue Decision Decision

Whether 1990 Gun-Free Schools Act is constitutional Does it exceed

Congressional power under the Commerce Clause?

Guns in school part of commerce?

Guns in school had nothing to do with commerce

1997

Printz v. United States

The Facts

Sherrifs Jay Printz and Richard Mack individually challenged the Brady Handgun Violence Prevention Act

“REQUIRED LOCAL CHIEF LAW ENFORCEMENT OFFICERS TO PERFORM BACKGROUND CHECKS ON

PROSPECTIVE HANDGUN PURCHASERS UNTIL ATTORNEY GENERAL ESTABLISHES A FEDERAL

SYSTEM FOR THIS PURPOSE”

Brady Handgun Violence Prevention Act

The Issue

Jay Printz and Richard Mack Sheriffs in different counties in Montana and Arizona

Questioned whether this Act was constitutional

The Decision

The Supreme Court heard this case on appeal Consolidated the two casesVoted in favor of Printz

2007

District of Columbia v. Heller

CBS News: Right to Bear Arms Revisted

http://www.youtube.com/watch?v=EcJcnf4yOd0

Facts

• D.C. banned registration of handguns– licensing of pistols– All firearms must be kept unloaded and disassembled

• Trigger locked

• Private gun-owners brought case to court – 2nd amendment– D.C. said it only applied to militias and not private

ownership • United States Court of Appeals Disagreed

Issue

Defendant argument: Does not apply to D.C. because it is not a state D.C. legislation only monitors rather than prohibits

gun-ownership

Whether the 2nd amendment only applies to those who are members of the military

Decision

2nd Amendment protects individual right to possess a gun Able to use for self-defense within the home

Impossible if disassembled Based off of second amendment and state

constitutions

John Paul StevensJohn Paul Stevens Stephen BreyerStephen Breyer

Argued it only protects rights of those who are part of a “well-regulated militia”

Despite the legality of other purposes

Agreed with Stevens

Added even if lawful possesion Regulations would

need to be unreasonable or inappropriate

D.C. ruling was neither

The Justices’ Split

2010

McDonald v. Chicago

The Facts

Chicago and Oak Park, Illinois had suits filed against them

Challenged gun bans after District of Columbia v. Heller

The Issue

Plaintiffs argued that the Second Amendment should apply to the state

Used the Fourteenth Amendment as their reason

The Decision

The Supreme Court ruled that the Fourteenth Amendment did allow the Second Amendment to apply in states Hold weapons for self defense

Interview with Alan Gura, Attorney for McDonald

http://www.youtube.com/watch?v=vwQn1ecxaRE

http://www.politicalcartoons.com/cartoon/a34170c2-edcd-4bc2-9d0b-c424701cfd94.html

Impacting Today

Handicapping cities with high crime Challenge in court loosens regulations

Self-protection necessary for peace of mind for many

http://www.politicalcartoons.com/cartoon/5573d2d3-cf96-432d-984d-3340ac838f5f.html

ATF Scandal

Border patrol agent killed by weapons sold by the American government to Mexican cartels

http://www.cbsnews.com/8301-31727_162-20099228-10391695.html

ArticleWhat do you think about Operation Fast and Furious?

Can you see the reasoning behind it? Can you see any aspects that ATF may have overlooked?

Do you think ATF should be held as an accomplice in the death of Brian Terry?

Do you think trying to keep the information about the connection between his death and the Operation will help or hinder their case?

Bibliography

"ATF Online - Firearms - National Firearms Act (NFA)." ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives. Web. 15 Sept. 2011. <http://www.atf.gov/firearms/nfa/>.

Edwards, George C., Martin P. Wattenberg, and Robert L. Lineberry. Government in America: People, Politics, and Policy. Boston: Longman, 2011. Print.

 La Jeunesse, William, and Laura Prabucki. "Evidence Suggests Cover-Up in ATF Scandal, as More Guns Appear at Crime Scenes." Fox News. 2 Sept. 2011. Web. 19 Sept. 2011. <http://www.foxnews.com/politics/2011/09/02/demand-for-more-answers-in-fast-and-furious-scandal/>.

The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 15 Sept. 2011. <http://oyez.org>.