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 shotgun interstate 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 Layton District Court dismissed the case Ended in a split vote in the Supreme Court

1994 United States vs. Lopez

Facts Alfonso Lopez  12 th 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

Issue 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 cases Voted in favor of Printz

2007 District of Columbia v. Heller

CBS News: Right to Bear Arms Revisted

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

Decision 2 nd 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 Stevens Stephen 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 cxaRE

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Impacting Today Handicapping cities with high crime  Challenge in court loosens regulations Self-protection necessary for peace of mind for many

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ATF Scandal Border patrol agent killed by weapons sold by the American government to Mexican cartels html html Article What 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 Edwards, George C., Martin P. Wattenberg, and Robert L. Lineberry. Government in America: People, Politics, and Policy. Boston: Longman, 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 Web. 19 Sept The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 15 Sept