Constitutional Law and the Criminal Justice System Ch 7
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who was historically included in the militia and what was required of them?
The Militia was considered to be entire adult male populace of a state. they were not simply allowed to keep arms, but were at times required to do so by law.
what is the central controversy that the 2nd Amendment has been involved in?
Whether people have a right to bear arms as individuals
only as part of a militia.
is the number of militia groups in the United States growing or decreasing?
The number of Militia groups in the United States increased dramatically from 2008 - 2009
what opposing interpretations of the 2nd Amendment have clashed over the years?
whether the 2nd Amendment guarantees individuals' rights to keep and bear arms
it guarantees the states freedom from federal government infringement on this right.
has the Supreme Court interpreted the 2nd Amendment's right to bear arms as an individual or a state right?
In US v. Miller (1939) the Court recognized a state right rather than an individual right to bear arms.
in 1971 the courts ruled that there was no express right of an individual to keep and bear arms (Stevens v. US)
In DC v. Heller (2008) that the 2nd Amendment protects an individual's right to possess a firearm unconnected with service in a militia.
has the 2nd Amendment been incorporated into the 14th Amendment? what is the case that determined this?
In McDonald v. Chicago (2010)
The Supreme Court held that the right to keep and bear arms was among those fundamental rights necessary to our system of ordered liberty, ruled that the 2nd Amendment does apply to the states and incorporated it under the 14th Amendment
What did the brady law accomplish?
the brady act (1993) contained the interim provision of a mandatory 5 day waiting period on all handgun purchases.
this provision was phased out and replaced in 1998 with the permanent provision of an instant, computerized criminal background check of all handgun purchasers.
some states still impose a waiting period on firearms purchases
what does the Law Enforcement Officers Safety Act (LEOSA) allow? what are its three goals?
allowing "qualified" active and retired law enforcement officers to carry concealed weapons anywhere in the US
- three goals are:
- 1) to establish equality between local LEOs and their federal counterparts who already carry nationwide
- 2) to create an unpaid homeland security force to help protect the nation
- 3) to allow qualified current and retired LEOs the means to defend themselves and their families against criminals
An armed group of citizens who defend their community as emergencies arise.
Vocab: prefactory clause
announces a purpose, but does not necessarily restrict the operative clause.
Vocab: operative clause
identifies the action to be taken or prohibited
Vocab: commerce clause
section of the U.S. Constitution (Article 1, Section 8, Clause 3)
that provides the legal foundation for much of the federal government's regulatory authority, including firearms
a request that a suit be dismissed because the facts do not sustain the claim against the defendant
Vocab: Dictum (plural Dicta)
statements by a court that do not deal with the main issue in the case or an additional discussion by the court
Vocab: Castle Law
a legal claim based on English common law that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack
Vocab: prohibited persons
individuals to whom, under the Gun Control act, selling a firearm is forbidden
- 1) under indictment for or convicted of a felony.
- 2) a fugitive.
- 3) a drug user.
- 4) Adjudicated a mental defective or committed to a mental institution
- 5) fit into other limited categories.
Vocab: sunset clause
a set ending time for legislation that is not renewed to prevent old law from remaining on the books.
Vocab: Straw purchase
An illegal transaction when a buyer uses an intermediary (the "straw man") to purchase a firearm from a licensed firearms dealer and then sells the weapon to individuals who cannot legally buy guns themselves
such as felons and the severely mentally retarded
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