Exam #1

Question 1

Fear of Crime hypothesis

Answer 1

High profile crimes happen and feel the need to purchase a firearm

Question 2

Collective Security hypothesis

Answer 2

neighborhood watch, community policing, idea that law enforcement takes a long time, drives decision to buy guns

Question 3

Brown v. U.S

Answer 3

No duty to retreat is asserted by U.S S.C
Law has grown, even if historical mistakes have contributed to its growth and tended in the direction of rules consistent with human nature

Question 4

Minnesota v. Gardner

Answer 4

Case situated within frontier conditions of Minnesota

• shoots Garrison in argument over hay
• killing as premeditated
• faced each other in open space with intent to kill or do bodily harm

Question 5

Runyan v. State of Indiana

Answer 5

Tensions in 1876 lead to street brawl
Rauyan convicted of manslaughter judge instructs jury to consider legal duty to retreat
Overturns conviction, tendency of American mind seems to be very strong against the enforcement of any rule with requires a person to flee when assailed

Question 6

Erwin v. State of Ohio 1876

Answer 6

Erwin convicted of second degree murder of son in law for argument in shed
Overturned conviction, “A true man without fault is not obligated to fly from an assailant”

Question 7

Do contemporary gun policies reflect and result in racial disparities particularly in gun ownership and licensing?

Answer 7

gun mechanism of initiating control of color line

Question 8

Culture of Jim Crow

Answer 8

Difficult to regulate concealed carry

Question 9

Culture of Honor

Answer 9

Emphasis on honor
Willingness to settle
Problems with violence
Tolerance of corporeal punishment

Question 10

Slave Patrols

Answer 10

Working Class men
Early Policing Units
Harsh punishment, limited by economic imperatives

Question 11

Dueling

Answer 11

Gentleness and respectful attentions of one man to another
Legal restrictions to dueling
Non-Participation oaths
Prohibitions on concealed carrying of weapons

Question 12

Remaking Firearms Industry

Answer 12

Buyers who need guns

• govt. contracts
• Indvl. Purchasers
• hunters
• collectors

Question 13

Racist roots of gun control

Answer 13

19th c. Northern trajectory 
- race-neutral 
-restrictive 
19th c. Southern trajectory 
-racially disparate 
-permissive

Question 14

Strange career of Jim Crow Gun Cultures

Answer 14

South and lynch laws, racist roots of gun control

Question 15

First concealed weapons revolution May issue, licensing and admin. State

Answer 15

Gun licenses
Marriage licences
Virginia Bureau of vital statistics

Question 16

May Issue

Answer 16

Issued at the discretion of the board

Question 17

Negro Militias

Answer 17

Post civil war

-Security, Dignity & citizenship to defend in a moments notice

Question 18

Originalism

Answer 18

Constitutions meaning fixed time of writing

Justice Scalia

Question 19

Osian Sweet

Answer 19

African American Physician noted for his armed self-defense against a white mob who tried to force him out of his home. Jim Crow laws increased in North, impacted gun laws, happened in Detroit

Question 20

Incorporation

Answer 20

14th amendment–> No state shall deprive a person of life, liberty or property
Slaughterhouse Cases–> lawfulness of monopolizing slaughter business under state police power
-held only applies to unequal treatment of racial group s

Question 21

U.S Cruikshank

Answer 21

Limited incorporation of Bill of Rights to states and Ruled that equal protection applied to states but not individuals

Question 22

Populist Militias

Answer 22

temporarily integrated

Question 23

D.C v. Heller

Answer 23

forcing Courts hand
–> D.C firearms Control Regulation Act of 1975
–> Ban on handguns
–> All handguns banned by trigger lock
Individual right to own and possess common guns at the time
Constitutional regulations - self defense
restricting gun carry, dangerous and unusual

Question 24

Castle Doctrine

Answer 24

No legal requirement to flee a deadly attack in one’s domicile

Question 25

Dick Heller sued which jurisdiction for violating the second amendment?

Answer 25

Washington D.C

Question 26

What kind of right is the 2nd amendment according to Scalia?

Answer 26

Individual right

Question 27

What factors made the confiscation of guns impractical in the aftermath of the civil war?

Answer 27

widespread ownership due to self-defense concerns

Question 28

Black codes of the late 1860s used race as a basis to restrict

Answer 28

Property rights
Travel
Gun Ownership
All of the Above

Question 29

White Supremacist Militias

Answer 29

KKK, People’s Club, provoke riots, engage in racial cleanings, lynchings

Question 30

States that have no RKBA provision?

Answer 30

California, Iowa, Maryland

Question 31

Antonin Scalia

Answer 31

Supreme Court Justice originalist on how U.S Constitution should be based on intent of authors and meaning in historical context

Question 32

Culture of Control

Answer 32

David Garland
Fear of Crime
Expectation of State Intervention
Reliance on responsibilization

Question 33

Miller v. U.S

Answer 33

S.C determined that it was necessary to regulate certain types of guns that were not common and were seen as unusual

St. Valentines Day Massacre
National Firearms Act of 1934
Full auto & short barreled rifles

Question 34

According to Cornell, in Antebellum South a concealed weapon was considered

Answer 34

unmanly

Question 35

wyatt Earp

Answer 35

Known for his participation in a notorious gunfight at the O.K corral in Tombstone
Moved from towns, gunslinger and virtuous lawman and best gunslinger in the West

Question 36

Gun Control Act of 1968

Answer 36

• prohibition on direct mail-ordering
• comprehensive licensing system, including serial numbers
• Age restrictions
• Felon prohibition
• Restricted Importation
• Bombs, mines and other destructive devices fed. regulated

Question 37

Dead letter into a living personal right to arms

Answer 37

mistrustful of govt. action
believes in zero sum game of security between victims and criminals
celebrates crime victims as possessors of truth more important than scientific study
recognizes lethal violence as legitimate to lethal violence

Question 38

Deacons for Defense

Answer 38

• Black militia
• Faced off with KKK
• Provided security during 1966 March Against Fear
• compelled fed. govt. to intervene in Louisiana Law Enforcement

Question 39

Robert Williams

Answer 39

Military veteran
Used NRA charter to start “Rifle Club”
Desegregated pools
Condemned by the NAACP but set off a model of armed organizing

Question 40

Black Panther Party for self-defense

Answer 40

named in Lowndes AL group formed in 1966 Oakland CA

Huey Newton and bobby Seale radicalized by U.S constitution

Question 41

Black Panther Party for Self-Defense Point 7

Answer 41

Immediate end to police brutality and murder of black people
Organized black self-defense groups
Defend against police oppression and brutality

Question 42

Mulford Act of 1967

Answer 42

Ronald Reagan as governor of Californa prohibited the carrying of firearms on one’s person or in a vehicle, in any public place or public street, law aimed at stopping Black Panthers, but affected gun owners

Question 43

War on Crime

Answer 43

central purpose of govt. to protect americans from acts of criminal violence by other americans

State: governing through crime
Society: culture of control

Question 44

The Second Gun Carry Revolution

Answer 44

Three major transformations

Explosion of guns in everyday life

Expansion of use of guns for protection

Shifting sensibilities about relationship between guns and civic duty

Question 45

Duty to Retreat

Answer 45

legal requirement to flee and attack outside ones domicile “king has the authority”

Not legally allowed to use deadly force to defend himself

Question 46

No Duty to Retreat

Answer 46

Legally allowed to use deadly force to defend himself