con law chp 6
there are 2 opposing legal interpretations of the 2nd amendment
1) does the amendment guarantee individual's rights to keep and bear arms? 2) does it guarantee the states freedom from federal govt infringement on this right?
the provision of the Brady act was phased out in ____ with the permanent provision of an instant, computerized _______ __________ check on all
1998; criminal background
the violent crime control and law enforcement act of 1994: banned the manufacture of __ different semiautomatic guns with multiple ______-_____ features
19; assault-weapon
The denying firearms and explosives to dangerous terrorists act went nowhere in _____ and was reintroduced in ____
2009; 2015
the second amendment was unincorporated until ____
2010
in opposition to gun control: the founding fathers wrote the ___ amendment to protect citizen's right to ______ _________ against ________
2nd; defend themselves; oppression
since the miller case in 1939, there have been more than __ cases involving the 2nd amendment
30
firearms violence accounted for roughly ___ of all homicides from _____ to ____
70%; 1993-2011
on November 30, 1993, president Clinton signed the ____ _______ ______ ________ Act
Brady Handgun Violence Prevention
goals of the law enforcement officers safety act: -to establish equality between local ____ and their federal __________ who already carry nationwide -to create an _______ homeland security force to help protect the _____ -to allow qualified current and retired ____ the means to defend ________ and their _______
LEOs; counterparts unpaid; nation LEOs; themselves; families
contained the interim provision of a mandatory five-day waiting period on all handgun purchases
The Brady Act
claimed the 2nd amendment guaranteed the individuals right to keep and bear arms
US v Emerson (1999)
this case indicates that the amendment protects only arms that bear some relation to preserving the militia
United States v miller (1939)
the 2nd amendment starts out stating "a ____ _______ ______..."
a well regulated militia
in support of gun control: advocated criticize the _______ of some to circumvent the ___
ability; law
also, the us has a standing ____, mooting the need for a ___________ armed citizenry on call
army; widespread
a central controversy over the 2nd amendment is whether people have a right to ___ ___ as _________, rather than only as part of a ______
bear arms; individuals; militia
a legal claim based on English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attacks
castle law
law enforcement officers are killed by _______
civilians
the phrasing (______) of the 2nd amendment into 2 parts is what causes the biggest ______
clauses; debate
in support of gun control: history shoes that the 2nd amendment was written to protect _______ from England's ____ _______ ____ military forces and contains nothing that could be constructed today as __________ ___ _______
colonists; King George III's; prohibiting gun control
provides the legal foundation for much of the federal governments regulatory authority
commerce clause
states vary in their laws regulating ________ _____
concealed carry
in support of gun control: advocates refer to this issue as "_____ _____" not "___ _____"
crime control; gun control
guns are used in many ______
crimes
a request that a suit be dismissed because the facts do not sustain the claim against the defendant
demurrer
is looks like the. courts will continue to defer to the ________ of the states on ___ ______ matters
discretion; gun control
McDonald v Chicago (2010): the Supreme Court held that the 2nd amendment right to keep and bear arms is incorporated by the ___ ________ _______ of the __________ _________ and applies to the ______
due process clause; fourteenth amendment; states
US v Emerson (1999): a district court went against all ______ _____ ________ and restored a ______ ______ _______
federal court precedent; domestic abuser's firearms
in 1938, the _______ _________ act was passed
federal firearms
required dealers shipping firearms across state lines and importers to be licensed by the federal government
federal firearms acts
states rights: the amendment preserves the state's power to defend against _______ and ________ enemies, and it also reduces the need for a large standing ___
foreign; domestic; map
in 1794, the millets was made up of ____ ____ citizens, armed with _______, ________, and ______
free male; muskets, bayonets, and rifles
____ ______ by the states is not constitutionally prohibited
fun control
banned federal licenses from selling firearms to prohibited persons
gun control act
in 1968, the ___ _______ ___ was passed
gun control act
McDonald v Chicago (2010): the city of Chicago banned almost all _______ possession by the _____ __________
handgun; private individuals
research shows an increasing amount of _______ _____ ______ groups
heavily armed militia
examples of prohibited persons: -under _________ for or ________ of a ______ -a _______ -a ____ ____ -adjudicated a ______ _______ or committed to a _____ institution
indictment; convicted; felony fugitive drug user mental defective; mental
congress, using its broad authority to regulate _________ ________ has enacted some ________ __________
interstate commerce; federal government
in opposition to gun control: the common argument about gun control is the claim that such ____ will only put ____ where they do not belong - in ______ ____
laws; guns; criminal's hands
protection of lawful commerce in arms act of 2005 prohibited ________ against gun manufacturers and dealers for _______ resulting from use of their _______
lawsuits; damages; products
________ by the federal government is not prohibited
legislation
some weapons, such as fully automatic "_______ ____" and those altered to be more conducive to criminal activity have always been illegal for most people to ___, what exactly constitutes a ______ or ______ has not been as easy to define
machine guns; own; weapon; firearm
castle laws: some states have "____ __ ___" laws
make my day
protects people against any criminal charge or civil suit if they use force, including deadly force, against an invader of their home
make my day laws
an armed group of citizens who defend their community as emergencies arise
militia
today, the militia is considered to consist of the _______ ______ units in every ____, armed with government supplied and owned sophisticated ______
national guard; state; weaponry
some people are more concerned about the mass shootings at _______, ________, _______, _______, and _________ ____
newtown; Columbine; aurora; Tucson; virgina tech
in 1967, the _______ _____ _____ and ____ _______ act was passed
omnibus crime control and safe street
made possession of firearms by convicted felons unlawful
omnibus crime control and safe street act
in every case, except ___, the courts have held that the amendments refers to the right to keep and bear arms only in connection with a ____ ______
one; state militia
identifies the action to be taken or prohibited
operative clause
2 phases of the 2nd amendment:
operative; prefatory
the "______" movement conducts paramilitary training and demonizes the ______ ____________; some of these groups are considered ________ _______ _______
patriot; federal government; domestic terrorist threats
the violent crime control and law enforcement act of 1994: provides stiffer ______ for criminals who use firearms to commit ______ _____
penalties; federal crimes
individual rights see proponents see the amendment as primarily guaranteeing the right of the _____, not the ______
people; states
the violent crime control and law enforcement act of 1994: prohibits _________ of firearms by people who have committed _______ _____
possession; domestic abuse
some people fell the govt has become too _______ and that individuals need to _____ that power with _______
powerful; reclaim; firearms
announces a purpose but does necessarily restrict the operative clause
prefatory clause
the debate surrounding the 2nd amendment centers around the __________ ______ and the intentions of the _______ ______
prefatory clause; founding fathers
individuals to whom, under the gun control act, selling a firearm is forbidden
prohibited persons
those favoring the state's rights interpretation see the 2nd amendment as ________ and ___________ ______ _, ______ _ of the constitution; grants congress the power "to provide for the _______ forth of the ________ to execute the laws of the _____"
protecting and modifying article 1, section 8; calling; militia; union
modern-day militias in the US: 1992 1993 1996
ruby ridge the branch davidians "freeman"
the supreme c court has said that ____-______ is central to keeping and bearing arms
self-defense
expanded the definition of justifiable self-defense and provided that anyone claiming to feel "threatened" no longer had an obligation to retreat, call police, or avoid use of deadly force
stand your ground laws
states rights: proponents claim that the 2nd amendment was adopted with the primary purpose of preserving the _____ _______
state militia
other states have "____ ____ _______" laws
state your ground
United States v. miller (1939): the Supreme Court recognized a ______ right rather than an __________ right to bear arms
state; individual
states rights: the courts have consistently interpreted the 2nd amendment as allowing _____ to regulate private ___ _________
states; gun ownership
castle laws are passed by ______, and not all _____ have such laws
states; states
an illegal transaction when a buyer uses an intermediary to purchase a firearm(s) from a licensed firearms dealer and then sells the weapon(s) to individuals who cannot legally buy guns themselves, such as felons and the severely mentally retarded
straw purchase
states retain the right to impose ________ _________ related to firearms than those required by the ________ ____________
stricter regulations; federal government
a set ending time for legislation that is not renewed to prevent old law from remains on the books
sunset clause
the violent crime control and law enforcement act of 1994: expired with a _____ ______ (2004)
sunset clause
the denying firearms and explosives to dangerous terrorists act aims to prohibit those who are on the ______ ______ _____ from purchasing _______
terror watch list; firearms
allows qualified off-duty and retired officers to carry concealed weapons throughout the country, regardless of state or local firearms restrictions
the Law Enforcement Officers Safety Act (2004)
___ _______ ________ ___ __ ____ was established because the federal government made an effort to regulate the possessions of firearms; this act was the first in _______ ________
the national firearms act of 1934; federal regulation
proponents of "___ _____ __ ____ ____" endorse an individual rights interpretation that would guarantee that right to all citizens
the right to bear arms
the violent crime control and law enforcement act of 1994: prohibits _____ to or ______ of handguns and ammunition by ________
transfer; possession; juveniles
in opposition to gun control: when people are disarmed, government _______ and _______ thrive
tyranny; oppression
McDonald v chicago (2010): mr Mcdonald argued that this left him __________ to criminals
vulnerable
Brady act: some states still impose a ______ period on firearms purchases
waiting
