2nd Amendment SDP Flashcards

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1
Q

Due process protects

A

fundamental rights and liberties

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2
Q

How can you tell if its a fundamental right/liberty

A

. Deeply rooted in this nation’s history and tradition and implicit in the concept of ordered liberty and the right must be carefully described. .

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3
Q

Due Process right must be : (2)

A
  1. Deeply rooted in this nations history and tradition and implicit in the concept of ordered liberty
  2. careful description of the right.
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4
Q

fundamental right to bear arms is

A

qualified fundamental rkight

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5
Q

states cant restrict rights of…

A

felons and mentally ill

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6
Q

the limitations must be

A

supported by historical tradition

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7
Q

states are also able to limit

A

carrying of dangerous and unusual guns

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8
Q

states hand gun bans are:

A

no good becuase it aound to a prohibition of an entire class which is central purpose is defnese of the home

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9
Q

the the qualified fundamental right regarding 2A is

A

have guns in the home for self defense (Againt can limit mentally ill/felons

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10
Q

state can regulate 2a for

A

safety

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11
Q

what scrutiny goes 2a get

A

intermediate scrutiny

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12
Q

intermediate scrutiny is

A
  1. Important governmental objective and 2. law was substanitally further objective
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13
Q

Intermediate- overly broad/udner inclusive

A

is ok

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14
Q

way overly broad

A

probably not ok

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15
Q

SS overly broad/under inclusive

A

fatally flawd

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16
Q

does state provide reason under intermeidate scrutiny

A

nope. one provided has to be good.

17
Q

can a state limit possession of a gun by age (14)

A

yes- age gets rb

18
Q

intermediate gets brought up for

A

2a, gender, mental retardation, illegiticmacy

19
Q

outisde circle

A

adulterous parent, and assisted suicide

20
Q

gun laws that have pased I/S

A

certain weapons, limiting magazines

21
Q

load limits

A

havent pased

22
Q

heller gave us

A

individual right, not collecive, core protection for home defense, permits longstanding prohibitions

23
Q

runing a gun shop out of town

A

isnt a legit gov function