Ball: Firearm case law in the United States

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U.S. FirearmsLegal Topics

Assault weapons ban

ATF (law enforcement)

Brady Handgun Act

Federal Firearms License

Firearm case law

Firearm Owners Protection Act

Gun Control Act of 1968

Gun laws in the U.S. by state

Gun laws in the U.S. federal

Gun politics in the U.S.

National Firearms Act

Second Amendment

Straw purchase

Sullivan Act (New York)

Violent Crime Control Act

Firearm case law, in the history of the United States, has been directly addressed by the Supreme Court and other federal courts, many times. These cases deal with Second Amendment, which is a part of the Bill of Rights, the Commerce Clause and/or federal laws regulating firearms possession.

Contents

1 United States Supreme Court cases

1.1 Interpreting the Second Amendment

1.2 Mentioning the Second Amendment

2 1986 Firearm Owners Protection Act court rulings

3 Commerce Clause challenges to firearm laws

4 References

5 External links

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United States Supreme Court cases

The Supreme Court has occasionally ruled on what is the proper interpretation of the Second Amendment. The Supreme Court has also mentioned the Second Amendment when ruling on other legal matters.

Interpreting the Second Amendment

United States v. Cruikshank, 92 U.S. 542 (1875) - A post Civil War era case relating to the Ku Klux Klan depriving freed slaves basic rights such as freedom of assembly and to bear arms. The court ruled the First and Second Amendments "was not intended to limit the powers of the State governments in respect to their own citizens" and "has no other effect than to restrict the powers of the national government," respectively. In summary, it ruled the federal government could not file charges against citizens in federal court regarding violations of other citizens' constitutional rights. It was up to the states to protect the fundamental rights of its citizens when their rights were abridged by other citizens.

Presser v. Illinois, 116 U.S. 252 (1886) - One of only two post-Civil War 19th Century U.S. Supreme Court cases to address the Second amendment, the sole other one being the above-mentioned United States v. Cruikshank. This second post-Civil War era case related to the meaning of the Second Amendment rights relating to militias and individuals. The court ruled the Second Amendment right was a right of individuals, not militias, and was not a right to form or belong to a militia, but related to an individual right to bear arms for the good of the United States, who could serve as members of a militia upon being called up by the Government in time of collective need. In essence, it declared, although individuals have the right to keep and bear arms, a state law prohibiting common citizens from forming personal military organizations, and drilling or parading, is still constitutional because prohibiting such personal military formations and parades does not limit a personal right to keep and bear arms:

"We think it clear that there are no sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, do not infringe the right of the people to keep and bear arms."

The Court also noted that the Second Amendment only restrained the federal government from regulating gun ownership, not the individual states:

"The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes to what is called in City of New York v. Miln, 11 Pet. [116 U.S. 252, 102] 139, the 'powers which relate to merely municipal legislation, or what was perhaps more properly called internal police,' 'not surrendered or restrained' by the constitution of the United States."

United States v. Miller, 307 U.S. 174 (1939) - The court stated in part:

"In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense... The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved...(and so on)