Second Amendment

Question 1

explain DC v. Heller

Answer 1

DC made it impossible for people to have a gun inside their house for self defense. DC said that second amendment was focused on a well regulated militia

Question 2

holding in DC v. Heller

Answer 2

struck down - militia clause was the prefatory clause but really has no power over the right. There are sensitive places where we know guns are not permissible.

Question 3

Explain McDonald v. City of Chicago

Answer 3

Arguing that the second amendment should apply to states as well

Question 4

Holding in McDonald

Answer 4

Court refuses to overturn slaughterhouse and decide to rely on 14th amendment. Second amendment is deemed fundamental to ordered scheme of liberty and incorporated to the states through due process

Question 5

Explain Bruen

Answer 5

members of NY state rifle association wanted to get state licenses to carry concealed pistols or revolvers in public. NY permitted police to issue licenses only if person had proper cause

Question 6

Holding in Bruen

Answer 6

STRUCK DOWN - persons have a right to bear arms even if they don’t have special conditions.

Question 7

Explain Rahimi

Answer 7

federal law bars anyone who is subject to a domestic violence restraining order from possessing a gun

Question 8

Holding on Rahimi

Answer 8

UPHELD - courts considering constitutionality of gun restirctions should figure out whether the new law is relatively similar to laws our history and tradition permitted