By: Anthony Dempsey Sept. 26, 2016 3rd Period Right To Bear arms By: Anthony Dempsey Sept. 26, 2016 3rd Period

Presented in the 2nd amendment / Bill of Rights The Anti-federalist feared a government with too much power. Knew that the government would have total control over the military. The people needed to be able to stand up against military oppression.

English history The monarchs of England required their subjects to arm themselves The grade of weapons distinguished by social class Had certain ages that fathers and sons should acquire a weapon Citizens didn’t have a choice to arm themselves Assize of Arms of 1181 made it to wear the citizens were to gather certain weapons to protect the king and were inspected every two years.

U.s. v.s. Cruikshank Easter of 1873, an armed white militia attacked around 300 African-American republic freedmen. They were gathered around the Grant Parish Courthouse to try and prevent a democratic take-over After challenging the federal courts with the right to assemble a militia, he got the attention of the Supreme Court

The vote was 5-4, with Chief Justice Waite delivering the majority opinion The chief justice stated that you have the right to bear arms and assemble militias, but for lawful purposes They were protected by the Due Process Clause & Equal Protection Act of the 14th amendment He overturned the convictions of all the white defendants

The dissenting opinion was delivered by Justice Clifford He said that “that the indictments were worded too vaguely to allow the defendants to prepare an effective defense.” This is considered to be one of the worst Supreme Court decisions in American history.

Presser v.s. Illinois In December 1879, Herman Presser marched at the head of his militia. About four hundred in number, in the streets of the city of Chicago, they were armed with rifles and Presser with a cavalry sword. The militia had no license from the governor of Illinois to drill or parade as a part of the militia of the State.

Presser v.s. Illinois He was convicted and considered guilty through the state court Charged with a $10 fine Pleaded that his 2nd amendment was violated and was able to take the case to the Supreme Court The ruling was 9-0, with Justice Woods delivering the courts opinion. The opinion was that “the Second Amendment's guarantee of the right to keep and bear arms only applied to the federal government.”

Miller V.s. Texas Miller was convicted and sentenced to death for shooting and killing a police officer He used an unlicensed handgun to kill him The police officers kept constantly harassing him and they walked towards his shop with guns drawn He said they fired first and he grabbed his colt 45 and shot and killed one officer After the courts ruled him guilty, he claimed his 2nd amendment was abused

Miller V.s. Texas His case made it to the supreme court with his plead of the infringement of his 2nd amendment The ruling was 9-0 The courts opinion was that they didn’t deem the issue well settled

Us v.s. miller Traveled across States with a 12 gauge shotgun with a barrel less than 18 inches long. Charged by a federal court with violating the NFA He didn’t have it specially registered because of its uniqueness He argued that NFA violates the 2nd amendment The district court agreed and dismissed the case The supreme court revised the district court, stating the 2nd amendment doesn’t protect an individual to carry a sawed- off double barrel shotgun

u.s. v.s. miller The ruling was 8-1, Justice McReynolds with the majority opinion He stated that congress could require registration of a sawed-off 12 gauge if carried across state lines.

D.c. v.s. heller D.C. said that all guns had to be kept at home and non- functional Heller tried to apply for a handgun where he planned to keep at home He was denied and he filed a lawsuit because he believed they violated his 2nd amendment Went through D.C. circuit court but soon got attention of the Supreme Court. The ruling was 5-4, Justice Scalia presented the majority opinion

D.c. v.s. heller Justice Scalia stated that the D.C. prohibition of handguns violated the 2nd amendment Justice Stevens gave a dissenting opinion, holding that the 2nd amendment is to vague He thinks the states should bet the ones to interpret the 2nd amendment

McDonald v.s. ChicAGO McDonald was a former engineer that wanted to own a handgun to protect his home from future robberies He couldn’t because you had to register all weapons and Chicago wouldn’t register handguns because of a ban The ruling was 5-4 The court ruled that just like the Heller case, the ban interfered with the second amendment

Caentano v.s. Massachusetts After being in an incident with shoplifting, the police checked her purse and found a taser They confiscated it and arrested her because under a Massachusetts law that outlawed the possession of stun guns. The supreme court ruled 9-0 in her favor The courts opinion was that the stun gun was not the type of weapon the founding fathers considered in the 2nd amendent

Works Cited: "Caetano v. Massachusetts." Wikipedia. Wikimedia Foundation, n.d. Web. 25 Sept. 2016. "McDonald v. Chicago (08-1521)." LII / Legal Information Institute. N.p., n.d. Web. 25 Sept. 2016. "DISTRICT OF COLUMBIA v. HELLER." DISTRICT OF COLUMBIA v. HELLER. N.p., 18 Mar. 2008. Web. 25 Sept. 2016. By an Act Passed April 4, 1786, the New York Legislature Directed:. "United States v. Miller." LII / Legal Information Institute. N.p., n.d. Web. 25 Sept. 2016. "Miller v. Texas 153 U.S. 535 (1894)." Justia Law. N.p., n.d. Web. 25 Sept. 2016. . "United States v. Cruikshank 92 U.S. 542 (1875)." Justia Law. N.p., n.d. Web. 25 Sept. 2016. "PRESSER v. STATE OF ILLINOIS." LII / Legal Information Institute. N.p., n.d. Web. 25 Sept. 2016