CHAPTER Nine: The Right to Bear Arms
Type: E
1. Explain the two different interpretations of the second Amendment. Which has the Court
(seemingly) adhered to? Why?
2. In the 1920s, how did Congress try to control the possession and use of firearms?
3. How did the Court interpret the Second Amendment in Miller? Do you agree with this
interpretation? Why or why not?
4. How does the Court define the right to bear arms in Heller? Is the right absolute? If not, what
limits can be placed on it? Do you find Scalia’s general argument persuasive? Why or why not?
5. What does the line of second amendment jurisprudence, prior to Heller, teach us how the 2nd
Amendment restricts government power?
6. When the Court decided McDonald did it fully settle the question of the right to bear arms?
Why or why not? Even with this expansion of rights, it is unlimited?
7. What historical argument do gun control supporters make to support the assertion that the 2nd
amendment does not provide an individual right to bear arms?
8. What historical argument do pro-gun interests use to support their argument that the 2nd
Amendment provides for an individual right to bear arms?
9. The Second Amendment has been incorporated by the 14th Amendment.
10. States have generally:
11. Why is the Second Amendment unusual when compared to the other amendments in the Bill
of rights?
12. Why did Congress begin to enact federal weapons bans in the 1920s?
13. The National Firearms Act of 1934
CASE CUT
U.S. v. Miller (1939)
Relevant Case Facts
Miller was charged with transporting in interstate commerce an unregistered shotgun having a
barrel of less than 18 inches in length. The indictment charged him with violating the National
Firearms Act of 1934 which, among other things, required them to register the gun.
Legal Question: Does the National Firearms Act violate the 2nd Amendment of the
Constitution?
Reasoning:
D.C. v. Heller (2008)
Relevant Case Facts:
In 1976 DC passed the most restrictive gun control ordinance in the U.S. It essentially banned
the private possession of handguns. Heller applied for a permit to use a gun for self-defense but
was denied. Heller then sued the city claiming the law violated the 2nd Amendment’s right to
bear arms.
Legal Question: Does banning handguns and the carrying of a pistol with a license violate the
2nd Amendment?
Reasoning:
Dissent (Stevens with Souter, Ginsburg, and Breyer)
Dissent (Breyer with Stevens, Souter, and Ginsburg)