1. In , a federal circuit court ruled in Stevens v. United States that there was no express Constitutional
right of an individual to keep and bear arms.
a. 1801 b. 1871
c. 1921 d. 1971
2. A critical question regarding the interpretation of the Second Amendment is the definition of:
a. people. b. a militia.
c. arms. d. well-regulated.
3. Overall number of “patriot” groups has risen from 149 in 2008 to in 2012.
a. 450 b. 1360
c. 1000 d. 1800
4. The central controversy of the Second Amendment has been whether:
a. the government should be involved in regulating the militia.
b. the militia should consist of professional soldiers or volunteers.
c. people have a right to bear arms as individuals rather than only as part of a militia.
d. arms are necessary for the proper functioning of a militia.
5. The first notable case involving the Second Amendment was the 1875 decision in:
a. Presser v. Illinois. b. United States v. Miller.
c. United States v. Cruikshank. d. Stevens v. United States.
6. Which of the following is not one of the disqualifying criteria under federal gun control laws?
a. Fugitive b. Drug user
c. On terrorism watch list d. Convicted felon
7. To date, federal courts have held that the Constitution:
a. guarantees the absolute right of any American citizen to keep and bear arms.
b. still does not guarantee an absolute right to keep and bear arms.
c. is irrelevant in issues concerning private possession of firearms.
d. the federal courts have not addressed the Second Amendment.
8. The law banning the manufacturing of 19 different semiautomatic guns with multiple assault–weapon features is the:
a. Violent Crime Control and Law Enforcement Act of 1994.
b. Brady Act.
c. Omnibus Crime Control and Safe Streets Act.
d. Federal Firearms Act.
9. Individual rights proponents claim that:
a. only military and law enforcement personnel have a right to possess firearms.
b. citizens should be permitted to possess only a single, individual weapon, not an entire arsenal.
c. the framers of the Constitution intended to preserve individual rights above state rights.
d. during national emergencies, individuals should be allowed to choose whether they want to keep and bear
arms to help defend the country.
10. In United States v. Lopez (1995), the U.S. Supreme Court:
a. affirmed the constitutionality of the Gun–Free School Zones Act.
b. struck down the Gun-Free School Zones Act as being unrelated to interstate commerce and, therefore,
unconstitutional.
c. upheld a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing
more than eight shots in repetition.
d. struck down a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns
firing more than eight shots in repetition.
11. During the colonial period, the militia was considered to be:
a. the Continental Army. b. enlisted Minutemen.
c. the entire male populace of a state. d. the entire national population.
12. States’ rights proponents asserted that:
a. everyone in the state has a right to keep and bear arms.
b. gun control should not be the business of federal government.
c. the Second Amendment was adopted with the primary purpose of preserving the state militia.
d. gun control laws protect and modify Article 8, Section 23 of the Constitution, allowing the president to
declare war on other nations.
13. During the colonial period and the earliest years of the country, a permanent army was not possible due to:
a. lack of citizen interest.
b. a shortage of weapons.
c. lack of funding and personnel, and organizational challenges.
d. intense pressure from British authorities to cease and desist from such militarization.
14. The Supreme Court held that “the Fourteenth
Amendment incorporates
the Second
Amendment
right, recognized
in Heller, to keep and bear arms for the purpose of self–defense” in:
a. Adams v. Williams b. Presser v. Illinois
c. McDonald v. Chicago d. U.S. v. Lopez
15. In United States v. Emerson (1999), U.S. District Judge Sam R. Cummings:
a. placed a temporary moratorium on the purchase of small-caliber firearms pending results of a study by the
Center to Prevent Handgun Violence.
b. upheld a lower court’s ruling that a convicted felon should not be allowed to possess firearms.
c. handed down a landmark decision that permits specially trained and licensed individuals to carry concealed
weapons.
d. went against all federal court precedent and restored a domestic abuser’s firearms, citing the Second
Amendment
as
guaranteeing
the
individual’s
right to keep and bear arms.
16. The Supreme Court stated that the Second Amendment protects an
individual’s
right to possess a firearm
unconnected with service in a militia in:
a. United States v. Miller b. District of Columbia v. Heller
c. Presser v. Illinois d. Stevens v. United States
17. In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second
Amendment applied to:
a. illegal immigrants. b. the states.
c. private individuals. d. certain misdemeanants.
18. Gun control opponents claim that gun control:
a. will prevent needless deaths and lower crime.
b. removes the role of local legislative bodies to be involved in the process.
c. will only put guns in the hands of criminals.
d. will force law-abiding citizens to seek alternate means of protection.
19. Which of the following gives a person the legal right to use deadly force to defend that place, and any other
innocent persons legally inside it, from violent attack or an intrusion that may lead to violent attack?
a. The Fourth Amendment b. The Brady Act
c. Castle laws d. The Second Amendment
20. The Law Enforcement Officers Safety Act of 2004, which allows off–duty officers and retired officers to carry
concealed weapons throughout the country:
a. was ruled unconstitutional in U.S. v. Miller.
b. was strongly supported by the International Association of Chiefs of Police.
c. was strongly opposed by the International Association of Chiefs of Police.
d. provides for nationwide standards of use-of–force and firearms training.
21. Congress’ power “to provide for the calling forth of the Militia to execute the laws of
the Union” was granted by:
a. United States v. Cruikshank
b. Article I, Section 8 of the Constitution
c. The Third Amendment
d. The Omnibus Crime Control and Safe Streets Act
22. The purpose of the Brady Act is to:
a. limit the number of firearms on American streets at any given time.
b. prevent prohibited persons from obtaining handguns.
c. ensure that those obtaining firearms receive training in proper use and storage of their weapon(s).
d. prevent accidental injury or death by firearms.
23. The Brady Act does not prohibit:
a. states from enacting longer waiting periods on firearms purchases.
b. instant, computerized background checks.
c. illegal aliens from purchasing firearms.
d. those dishonorably discharged from military service from purchasing firearms.
24. If members of the militia were called to service, they were to bring:
a. only their own arms. Ammunition was supplied by the government.
b. only their own ammunition. Arms were supplied by the government.
c. their own arms and ammunition.
d. nothing-the government supplied both arms and ammunition.
25. In 2012, a group accused of killing two people was planning to poison the apple crop of Washington State,
attacking a damn and assassinating the President before their arrests. These people were tied to:
a. a Muslim terrorist group. b. Al Quada.
c. the Branch Davidians. d. a Georgia antigovernment militia.
26. The Supreme Court held that the right to keep and bear arms is fundamental to our scheme of ordered liberty and
that it was clear that the framers of the Fourteenth Amendment deemed such a right as fundamental in:
a. McDonald v. Chicago b. District of Columbia v. Heller
c. Presser v. Illinois d. Stevens v. United States
27. United States v. Miller (1939):
a. is the case that set the precedent for the dozens of cases the Supreme Court hears every year concerning
the issue of an
individual’s
right to bear
arms.
b. is a relatively insignificant case in the interpretation of Second Amendment rights.
c. was the first Supreme Court case that specifically addressed the scope of the Second Amendment.
d. is the basis upon which Congress passes federal gun control legislation.
28. In District of Columbia v. Heller, the Supreme Court noted that the Second Amendment ’s text
and history demonstrate that it connotes an individual right to keep and bear arms.
a. operative clause b. prefatory clause
c. sunset clause d. demurrer
29. Justice Scalia noted that “the right…is not
unlimited...Nothing
in our opinion should be taken to cast doubt on
longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the
carrying of firearms in
sensitive places…or
laws
imposing conditions
and
qualifications
on the
commercial
sale of
arms”
in:
a. United States v. Miller b. District of Columbia v. Heller
c. Presser v. Illinois d. Stevens v. United States
30. Until recently, courts throughout history:
a. have
consistently
rejected the
individual
rights view in favor of the states’ rights interpretation.
b. have
consistently
rejected the states’ rights view in favor of the
individual
rights interpretation.
c. rendered early decisions that favored the individual rights perspective but, since the 1970s, have
progressively
inclined more toward the states’ rights perspective.
d. have
continuously vacillated
between the
individual
and states’ rights
perspectives, depending
on the liberal
or conservative orientation of the Supreme Court.
31. The central controversy over the Second Amendment is whether people have a right to bear arms as individuals
rather than only as part of a militia.
a. True
b. False
32. United States v. Miller (1939) was a critical case because the court recognized an individual rather than a state
right to bear arms.
a. True
b. False
33. The Second Amendment was drafted in a time when fear of tyranny from a strong central government was very
strong.
a. True
b. False
34. The number of
antigovernment
“Patriot” groups has been declining in recent years.
a. True
b. False
35. Research has found little evidence that increased in the number of citizens with concealed handgun permits reduce
or increase rates of violent crime.
a. True
b. False
36. The Supreme Court ruling in McDonald v. Chicago prevents state and local governments from passing gun laws.
a. True
b. False
37. The Heller decision has had a sweeping impact on gun control laws across the United States.
a. True
b. False
38. There are no longer any national or state-sanctioned militias in the United States.
a. True
b. False
39. A portion of the Omnibus Crime Control and Safe Streets Act of 1967 made possession of a firearm by
convicted felons unlawful.
a. True
b. False
40. In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from
infringing on the Second Amendment.
a. True
b. False
41. In McDonald, the Supreme Court applied the Second Amendment to the states, recognizing a person’s right “to
keep and bear arms for the purpose of .”
42. In Presser v. Illinois (1886), the Court refused to the Second Amendment into the
Fourteenth Amendment.
43. The Second Amendment of the U.S. Constitution reads: “A well-regulated being necessary to the
security of a free state, the right of the people to keep and bear arms shall not be infringed.”
44. rights proponents claim that the Second Amendment was adopted with the primary purpose of
preserving the state militia.
45. The Law
Enforcement
Officer’s Safety Act allows “ active and retired law enforcement officers” to
carry concealed weapons anywhere in the U.S.
46. According to the Brady Center, a gun is times more likely to be used in a completed or attempted suicide,
criminal assault or homicide, or unintentional shooting death or injury than to be used in a self–defense shooting.
47. The purpose of the is to prevent prohibited persons from obtaining handguns.
48. Some activist groups argue that an citizenry is the best defense against tyranny.
49. A is a set ending time for legislation that is not renewed, which is how the assault weapon ban in
the Violent Crime Control and Law Enforcement Act of 1994 expired.
50. During the colonial period, the was considered to be the entire male populace of a state.
51. Explain the Second
Amendment’s
current status, and how that status affects laws relating to gun ownership.
52. Discuss the Brady Act.
53. Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004. What are some concerns
about the legislation?
54. Discuss the two opposing interpretations of the Second Amendment that have clashed over the years. In light of
current rulings, has either side won?
55. The Second Amendment stands for the proposition that a well-regulated militia is necessary to the security of a free
state.
a. True
b. False
56. Discuss the historical background of the Second Amendment.
57. During the Colonial Period, a standing army was not possible due to a lack of funding and personnel.
a. True
b. False
58. It has always been well-established that people have a right to bear arms as individuals rather than only as part of a
militia.
a. True
b. False
59. A standoff between the FBI and the Montana “Freemen” ended with the deaths of 74 members of this Christian
patriot group.
a. True
b. False
60. The standoff between the Branch Davidian religious group and the FBI came about due to the group’s claim they
were a sovereign nation and they refused to abide by laws with which they disagreed.
a. True
b. False
61. At Ruby Ridge in Idaho, a standoff between the FBI, the ATF and U.S. Marshalls ended
a. peacefully.
b. in 1992.
c. after a ransom was paid.
d. with the establishment of a state militia.
62. The legal foundation for the federal government‘s regulatory authority over firearms is provided by
a. the Supremacy Clause.
b. the Fifth Amendment.
c. the Commerce Clause.
d. the 13th Amendment.
63. The individual rights interpretation of the right to bear arms is supported by the
a. NRA.
b. the Commerce Clause.
c. United States v. Miller.
d. the preamble to the Second Amendment.
64. The Supreme Court held that the right to bear arms for lawful purpose was not granted by the Constitution in
a. District of Columbia v. Heller.
b. the National Firearms Act.
c. Perry v. Remington
d. United States v. Cruikshank
65. The Supreme Court ruled that there was no express right of an individual to keep and bear arms in
a. United States v. Miller.
b. Stevens v. United States.
c. District of Columbia v. Heller.
d. Miranda v. United States.
66. The only Supreme Court case to specifically address the Second Amendment’s scope for many years
was_____________ in 1939.
67. The Supreme Court refused to incorporate the Second Amendment into the 14th amendment in the case of
_________________.
68. Justice William Douglas supported the proposition that stiff laws governing the purchase and possession of pistols
can be enacted in the case of ____________________.
69. In the case of , the Supreme Court allowed for reasonable restrictions on firearms.
70. A federal district court analyzed gun control ordinance under a text, history, and tradition approach to explain why
the law was unconstitutional in the case of .
71. Gun-control advocates, including the Brady Campaign to Prevent Gun Violence, have criticized the “Stand Your
Ground” laws that have been passed in many states. These laws expanded the definition of justifiable self-defense
and provide that anyone claiming to feel threatened no longer has an obligation to treat or avoid use of deadly force.
Assume you are defending a woman accused of shooting a young girl who knocked on her front door late at night.
Your client had heard about break–ins in the local area over the television news and thought she was about to be
robbed. The girl at the door was actually looking for help because her car had become stuck in a snowbank at the
foot of your client’s driveway. Based on the facts and any reasonable fact you can add to the scenario, how would
you convince a jury that your client should not be convicted of shooting the young girl? Assume you are successful
in your argument and it appears that you have convinced a jury your client was in fear. If the fear needs to be a
reasonable one, how would the prosecutor counter your argument most effectively?
72. Your governor is getting ready to sign a new law in your state called the “Constitutional Right to Carry Act” that will
eliminate the state’s permit and training requirements for citizens who want to carry guns. This means that a resident
of your state who wants to carry a weapon, concealed or otherwise, can do so without a test, a background check,
or gun safety test. Balancing the right to bear arms against the need to control gun violence, present a brief opinion
on the advisability of such a law.
73. You are the superintendent of schools and have become quite concerned about the number of shootings that have
occurred nationally at schools. Some of the teachers feel that there should be more lockdown drills with simulated
entry of the school by armed attackers to see how well the students and teachers lock doors and otherwise protect
students from this threat. Other teachers are asking that the drills be reduced in number because students are
starting to feel anxious and threatened. How do you balance these concerns? What types of questions should you
ask before making your final decision?
74. You have just found out that in your home state it is easy to buy guns from unlicensed sellers at gun shows who
collect no tax, conduct no background checks, and do not require the buyers to even show a driver‘s license. The
state is drafting legislation to require background checks at all gun shows. Assume that you have been tasked to
investigate the issue for your school paper before it comes out with an opinion on the proposed law. What facts
would you research to help your editor prepare the opinion?
75. You live in a state that allows anyone with a permit to carry a handgun concealed or out in the open. Some students
object to the fact that your campus does not permit students to carry firearms into classes or keep them in
dormitories. The policy was enacted 10 years ago after a tragic shooting on the campus. There have been no
incidents since then. You are the Provost of the school and had just received a written request from a small student
organization asking that the current firearms policy be suspended as an unfair infringement on Second Amendment
rights. You are reluctant to do so. How would you respond to student request and the college community at large?