Guns (2nd Amendment) Flashcards
Is the ability to own a firearm a personal civil right?
Yes. As stated in Heller the right to own a firearm is a civil right. The Court in McDonald later held that the right to bear arms is a fundamental right and that it applies to the states as well.
If confirmed, and asked to consider second amendment issues, I would have no hesitation in applying Heller, McDonald, Bruen and other controlling precedent.
Does the right to own a firearm receive less protection than the other individual rights specifically enumerated in the Constitution?
As Justice Scalia wrote for the majority in Heller, “like most rights, the 2nd amendment isn’t unlimited.” If confirmed, I’ll follow 9th Circuit precedent and Supreme Court precedent, including Bruen, about the scope of the 2nd amendment.
What legal standard would you apply in evaluating whether or not a regulation or proposed legislation infringes on Second Amendment rights?
My view of the Second Amendment is controlled by the Heller and McDonald decisions. In Heller, Justice Scalia’s opinion for the Court held that the Second Amendment confers “an individual right to keep and bear arms.” No right is unlimited, so I would faithfully follow Circuit and Supreme Court precedent outlining any limits.
What type of restrictions on guns are permissible?
Recently, in the Bruen case, the Supreme Court held as unconstitutional an NYC law requiring citizens to show proper cause before they could carry weapons outside the home. But the court left intact the restrictions on prohibited persons and carrying in sensitive places.
