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 PDF Download
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Author: W. Frederick Zimmerman
Publisher: Nimble Books LLC
ISBN: 9781934840474
Category : Firearms
Languages : en
Pages : 160
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Book Description
Author: W. Frederick Zimmerman
Publisher: Nimble Books LLC
ISBN: 9781934840474
Category : Firearms
Languages : en
Pages : 160
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Book Description
Author: Tom Streissguth
Publisher: Enslow Publishers, Inc.
ISBN: 1464501777
Category : Juvenile Nonfiction
Languages : en
Pages : 114
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Book Description
"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
Author: Lisa Schreinemacher
Publisher: GRIN Verlag
ISBN: 3346003752
Category : Literary Collections
Languages : en
Pages : 29
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Book Description
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.
Author: Alan Korwin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 452
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Book Description
Author: Saul Cornell
Publisher:
ISBN: 9781558499942
Category : Firearms
Languages : en
Pages : 0
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Book Description
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.
Author: Brian Doherty
Publisher: Cato Institute
ISBN: 1933995254
Category : Law
Languages : en
Pages : 165
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Book Description
"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.
Author: Pjeter D. Baldrige
Publisher:
ISBN: 9781606922262
Category : Firearms
Languages : en
Pages : 0
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Book Description
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.
Author: Stephen P. Halbrook
Publisher: Bombardier Books
ISBN: 163758119X
Category : Law
Languages : en
Pages : 422
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Book Description
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.
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781981318636
Category :
Languages : en
Pages : 46
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Book Description
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.
Author: Joseph Blocher
Publisher: Cambridge University Press
ISBN: 1108648274
Category : Law
Languages : en
Pages : 217
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Book Description
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.
