Download or read book District of Columbia et al v Heller Supreme Court Establishes an Individual Right to Bear Arms Under the Second Amendment So Much for Gun Control written by W. Frederick Zimmerman and published by Nimble Books LLC. This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book District of Columbia V Heller written by Tom Streissguth and published by Enslow Publishers, Inc.. This book was released on 2013-04 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A group of private gun-owners claimed new gun control laws passed by the District of Columbia violated their Second Amendment right to bear arms. This book examines the issues leading up to the case, the people involved in the case, and the present-day effects of the Court's decision"--Provided by publisher
Download or read book The Second Amendment and Gun Control Laws as a Subject of Debate written by Lisa Schreinemacher and published by GRIN Verlag. This book was released on 2019-08-26 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2019 in the subject American Studies - Culture and Applied Geography, grade: 1,7, University of Bonn, language: English, abstract: This study is concerned with the historical development of the Second Amendment and how it is interpreted today. In doing so, John Vile's "A Companion to the United States Constitution and its Amendments" and Adam Winkler's "Gun Fight" have been consulted to provide background information on the history of the Second Amendment. Due to the fact that this term paper also deals with current statistics on gun control laws, it also relied on online research and online publications. Firstly, there will be a chapter that deals with the original intent of the founding fathers, who framed the Second Amendment to the United States Constitution. It will provide an historical overview of the creation of the Second Amendment and what led to its inclusion into the Bill of Rights. It further tries to explain the founder's interpretation of the Second Amendment with regards to the militia. The third chapter will focus on the question of how the National Rifle Association was able to rewrite the Second Amendment in order to gain more profit and get support for gun rights. The chapter will present the approach taken by the NRA that resulted in a new interpretation of the Second Amendment and established the perception of an individual right to possess firearms within American society. It will take into account the Supreme Court cases of "United States v. Miller" of 1939 and "District of Columbia v. Heller" of 2008, that ultimately guaranteed an individual's right to own firearms without any connection to a militia. Another chapter will focus on gun control laws and provide a comparison between the United States and other developed countries. Furthermore, this chapter will give an insight into the perception of the Second Amendment within American society and discusses current gun control policies. Finally, the last paragraph of this term paper will be a conclusion, which sums up the results achieved and gives an outlook for future research on the Second Amendment and gun control laws.
Download or read book The Heller Case written by Alan Korwin and published by . This book was released on 2008 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Second Amendment on Trial written by Saul Cornell and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.
Download or read book Gun Control on Trial written by Brian Doherty and published by Cato Institute. This book was released on 2008 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On June 26, 2008, the Supreme Court had its first opportunity in seven decades to address one of America's most impassioned constitutional debates: does the right to possess firearms, as stated in the Second Amendment, apply to individuals? Yes, the Court ruled, it does. And, with that decision, the District's handgun ban - one of the toughest and most controversial in the nation - was ended." "In Gun Control on Trial, journalist Brian Doherty tells the full story behind the landmark District of Columbia v. Heller ruling. With exclusive, behind-the-scenes access throughout the case, Doherty takes readers on a remarkable journey - through the legal, scientific, and historical debates; the political battles; and the myths about gun control that have become widespread." "But, beyond the legal arguments are the stories of the people involved in the case. Detailed in Gun Control on Trial are compelling portraits of the plaintiffs - individuals willing to fight for their right to protect themselves and their families from violent criminals, the activist lawyers, who worked exhaustively for their clients, and the city officials who fought any attempt to give their citizens the right to self-defense." "The Heller decision does not settle every controversy in the gun control debate. What it did do, Doherty writes, is create "a new shape to the arena in which the legal and political struggle over guns and gun control will be fought." Gun Control on Trial describes the ground on which that fight will take place."--BOOK JACKET.
Download or read book Gun Ownership and the Second Amendment written by Pjeter D. Baldrige and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of prior judicial treatment of the Second Amendment, with a focus on the litigation of Colombia versus Heller and the potential impact of its outcome. Heller marks the first time in almost 70 years that the Supreme Court has agreed to consider the nature of the right conferred by the Second Amendment to the Constitution of the U.S. Respondent Heller, a DC special policeman, applied to register a handgun he wished to keep at home, but the District refused. The District Court dismissed the suit, but the DC Circuit reversed, holding that the Second Amendment protects an individual's right to possess firearms.
Download or read book The Right to Bear Arms written by Stephen P. Halbrook and published by Bombardier Books. This book was released on 2021-05-03 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.
Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Download or read book Post Heller Second Amendment Jurisprudence written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-12 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the scope of the Second Amendment, as interpreted by the federal circuit courts of appeals, after the watershed Supreme Court decisions in District of Columbia v. Heller and McDonald v. City of Chicago. The Second Amendment states that "[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." Before the Supreme Court's 2008 opinion in Heller, the Second Amendment had received little Supreme Court attention and had been largely interpreted, at least by the lower federal courts, to be intertwined with military or militia use. Still, there had been ample debate in the lower federal courts and political discussion over whether the Second Amendment provides an individual right to keep and bear arms, versus a collective right belonging to the states to maintain militias, with the vast majority of the lower federal courts embracing the collective right theory. In Heller, though, the Supreme Court adopted the individual right theory, holding that the Second Amendment protects an individual right for law-abiding citizens to keep and bear arms for lawful purposes including, most notably, self-defense in the home. Two years later in McDonald, the Court held that the Second Amendment applies to the states via selective incorporation through the Fourteenth Amendment. After Heller and McDonald, numerous challenges were brought on Second Amendment grounds to various federal, state, and local firearm laws and regulations. Because Heller neither purported to define the full scope of the Second Amendment, nor suggested a standard of review for evaluating Second Amendment claims, the lower federal courts have been tasked with doing so in the Second Amendment challenges brought before them. As will be discussed in this report, these challenges include allegations that provisions of the Gun Control Act of 1968, as amended, as well as various state and local firearm laws (e.g., assault weapon bans, concealed carry regulations, firearm licensing schemes) are unconstitutional. Generally, the courts have adopted a two-step framework for evaluating Second Amendment challenges. First, courts ask whether the regulated person, firearm, or place comes within the scope of the Second Amendment's protections. If not, the law does not implicate the Second Amendment. But if so, the court next employs the appropriate level of judicial scrutiny-rational basis, intermediate, or strict scrutiny-to assess whether the law passes constitutional muster. In deciding what level of scrutiny is warranted, courts generally ask whether the challenged law burdens core Second Amendment conduct, like the ability to use a firearm for self-defense in the home. If a law substantially burdens core Second Amendment activity, courts typically will apply strict scrutiny. Otherwise, courts generally will apply intermediate scrutiny. Most challenged laws have been reviewed for intermediate scrutiny, where a court asks whether a law is substantially related to an important governmental interest. And typically, the viability of a firearm restriction will depend on what evidence the government puts forth to justify the law. Yet sometimes courts take a different or modified approach from that described above and ask whether a challenged regulation falls within a category deemed "presumptively lawful" by Heller. If the law falls within such a category, a court does not need to apply a particular level of scrutiny in reviewing the restriction because the law does not facially violate the Second Amendment. The body of this report discusses in detail notable post-Heller Second Amendment cases decided by federal courts of appeals. Because Heller and McDonald provide the only recent Supreme Court guidance on the Second Amendment, the analyses in these cases may provide useful guideposts for Congress should it seek to enact further firearm regulations.
Download or read book America s Guns and the Second Amendment written by Jamie Lucier and published by Author House. This book was released on 2009-07-16 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: For generations it has been assumed by most people that the Second Amendment to the United States Constitution guarantees the right of individual citizens to keep and bear arms. Approximately 70% of all Americans and virtually all gun enthusiasts support this basic assumption. The National Rifle Association resists much gun legislation using the argument that restrictive laws often infringe on the right to gun ownership established by the founding fathers as a significant part of the Bill of Rights. Others claim, however, that the Second Amendment pertains only to the right of the individual states to form well-regulated militias. The “individual” vs. “collective” rights controversy has been heatedly argued in the courts since 1939, resulting in a strong leaning toward denial of the individual rights view, notably in the federal appeals courts. However, an opinion released by the United States Supreme Court in District of Columbia el. al., v. Heller in 2008 (No. 07-290) challenged the lower court opinions by deciding_ the issue in favor of the individual right interpretation of the Second Amendment. Several lower court opinions and also an analysis of the deciding Supreme Court case are reported in this informative book. An in-depth review of these cases should be prerequisite to any claim of sophistication regarding the issue of gun rights in America.
Download or read book The Making of a Justice written by Justice John Paul Stevens and published by Little, Brown. This book was released on 2019-05-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
Download or read book To Keep and Bear Arms written by Joyce Lee Malcolm and published by Harvard University Press. This book was released on 1996 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment
Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.
Download or read book District of Columbia Et Al V Heller 2008 Gun Control Supreme Court Case written by U. S. Government Supreme Court of the United States and published by CreateSpace. This book was released on 2013-01-25 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the full text of the syllabus, the opinion of the Court, and both dissenting opinions. No. 07-290. Argued March 18, 2008-Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unli¬censed handgun, but authorizes the police chief to issue 1-year li¬censes; and requires residents to keep lawfully owned firearms unloaded and disassembled or bound by a trigger lock or similar de¬vice. Respondent Heller, a D. C. special policeman, applied to regis¬ter a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm inthe home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home. The District Court dismissed the suit, but the D. C. Circuit reversed, holding that the Second Amendment protects an individual's right to possess firearms and that the city's total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right. Held: 1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. 2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, con¬cealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of fire¬arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54-56. 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scru¬tiny the Court has applied to enumerated constitutional rights, this prohibition-in the place where the importance of the lawful defense of self, family, and property is most acute-would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbi¬trarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.
Download or read book The Second Amendment written by Larry Gerber and published by The Rosen Publishing Group, Inc. This book was released on 2011-01-15 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has the most guns per capita of any country in the world. Many Americans value the right to bear arms, which they believe is guaranteed by the Second Amendment to the Constitution. Others believe that the Second Amendment only guarantees the right for organized militias to own guns. This book surveys the history of the Second Amendment and gun ownership in the United States, and explores how the amendment continues to affect us today.
Download or read book No Guarantee of a Gun written by John Massaro and published by Author House. This book was released on 2009-12-03 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information in this book proves by means of credible and irrefutable documentary evidence that the Supreme Court's decision on June 26, 2008, in District of Columbia v. Heller, which held that the Second Amendment protects the right of an individual to possess and carry weapons, was incorrect. And the information in this book forms the foundation of what would have been the correct decision in that case. Second Amendment commentary and case law are incorrect. But unfortunately, they are relied upon by today's scholars and jurists. However, this book, written in plain English instead of the legalese that many persons find unappealing about books pertaining to legal subjects, takes the bold step of disproving these incorrect authorities on the most controversial and puzzling provision of the United States Constitution, and it meets that challenge. While other books on the Second Amendment rely largely on incorrect commentary and case law, this book uses credible and irrefutable documentary evidence to uncover the substance of the Second Amendment. By proving that Second Amendment commentary and case law are incorrect, this book will become both the preeminent treatise on the Second Amendment and a landmark book in the field of Constitutional law. And while gun control has been a highly controversial issue for a long time, the debate on gun control has been improperly bifurcated into what is good public policy and what is Constitutional. This book eliminates the Constitutional component of that debate so that the debate can be focused solely on what is good public policy. Other books written on the Second Amendment propose incorrect theories or attempt to reconcile its two supposed clauses. However, this book is the best book ever written on the Second Amendment because it does what no other book has ever done. It uncovers, by means of documentary evidence instead of mere argument, the true meanings of the terms A well regulated Militia, people, keep, and bear arms.
