Chapter 8 Flashcards
What was the outcome of the proposed ordinance in Newtown, CT to restrict noisy shooting?
The town council retreated from the ordinance and did not change the rules due to pressure from hunters and gun activists, who argued it violated their Second Amendment rights
How did the Supreme Court rule in District of Columbia v. Heller?
The Supreme Court ruled in a 5-4 decision that the Second Amendment protects an individual’s right to keep and bear arms, unconnected to service in a militia, for traditionally lawful purposes, such as self-defense in the home.
What happened to gun control legislation after the Heller decision?
Despite fears that Heller would lead to widespread overturning of gun laws, lower courts upheld gun laws in the vast majority of cases. Judges often employed “intermediate scrutiny,” a legal standard used to assess the constitutionality of laws, finding that while the Second Amendment is a right, state and local governments can take steps to protect public order and fight violence.
What was the significance of the McDonald v. Chicago case?
The Supreme Court in McDonald v. Chicago ruled that the Second Amendment’s right to bear arms applies to state and local governments, not just the federal government
What has been the NRA’s role in shaping gun policy?
The NRA has been a powerful force in shaping gun policy, lobbying against gun control measures and supporting legal challenges to gun laws. They have increasingly focused on influencing federal judicial nominations and supporting state-level legislation that expands gun rights
How did Heller impact the argument in favor of gun control?
Some argue that Heller, by establishing an individual right to bear arms, made it easier for gun control advocates to argue that certain measures, like an assault weapons ban, did not violate the Second Amendment. This is because Heller also recognized that the right is not unlimited and certain restrictions are permissible.
What did Justice Scalia say about the types of guns protected under the Second Amendment?
In Heller, Scalia wrote that the Second Amendment protects the right to possess guns “in common use” for self-defense.
What was the focus of the Louisiana constitutional amendment related to guns?
Voters in Louisiana amended their state constitution to make gun ownership a “fundamental” right and to require “strict scrutiny” for any restrictions on that right. This made it much more difficult to pass and uphold gun control laws in Louisiana.
