Court Rulings on Firearms - Second Amendment Interpretations, Federal Court Cases, State Laws, Local Rulings, Responsibility For Handgun Deaths
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The U.S. Constitution and most state constitutions guarantee the right to bear arms, but the courts have ruled that this right may be strictly controlled. Many laws and regulations have been enacted at the local, state, and federal levels to regulate firearms. When these laws have been challenged, state and federal courts have consistently upheld the right of governments to require the registration of firearms, to determine how these weapons may be carried, and even to forbid the sale or use of some weapons under certain circumstances. Courts have also been asked to decide if manufacturers, dealers, or, sometimes, even relatives of the gun carrier should be held responsible when guns are used to commit crimes.
Denial of gun ownership to convicted felons, mentally incompetent persons, and the insane is generally accepted. But restrictions like these have also been challenged in court. The following selection of court cases includes landmark decisions and more recent rulings on gun rights and regulations at the federal, state, and local levels.
Additional Topics
Court Rulings on Firearms - Second Amendment Interpretations
Some legal scholars assert that the courts have decided fewer cases based upon the Second Amendment "right of the people to keep and bear arms" than any other constitutional amendment. For many years, when deciding cases based on any guarantee granted by the Bill of Rights, including the Second Amendment, the courts relied on the 1833 U.S. Supreme Court decision in Baron v. Mayor of …
Court Rulings on Firearms - Federal Court Cases
The first major federal case dealing with the Second Amendment was United States v. Cruikshank (92 U.S. 542, 1876). The defendants, members of the Ku Klux Klan, were convicted under the Enforcement Act of 1870 of conspiracy to deprive two African-American men of their right of assembly and free speech and their right to keep and bear arms as guaranteed by the First and Second Amendments of the U.S…
Court Rulings on Firearms - State Laws
Most state constitutions guarantee the right to bear arms (see Appendix), and this right has either been enacted or strengthened in more than a dozen states just since 1970. Some states clearly tie this right to the militia, while other state constitutions and courts have ruled from the perspective of personal defense or self-protection; no single position on this issue is common among all the sta…
Court Rulings on Firearms - Local Rulings
The Supreme Court of Kansas ruled in 1905 that the right to possess or carry a handgun for self-defense was not absolute (Salina v. Blaksley [83 P. 619, 1905]). James Blaksley was convicted of carrying a pistol within the city of Salina while under the influence of alcohol. The Kansas Supreme Court held that individual rights to carry were not protected by the state constitution and decided that &…
Court Rulings on Firearms - Responsibility For Handgun Deaths
The cases presented above center on the right to bear arms. The following cases probe the responsibilities and liabilities associated with the use of those arms. Victims of the use of certain weapons have tried to place that responsibility and liability on the manufacturers or sellers of the weapons, while others fault family members who made weapons available to criminals. Each of the following d…
Court Rulings on Firearms - A New Direction In Firearms Lawsuits Is Tested
In the fall of 1998, New Orleans and Chicago/Cook County were the first municipalities to file suits against the gun industry, seeking compensation for costs associated with gun violence. Influenced by the recent successful litigation against tobacco companies in which states received compensation for the cost of treating smokingrelated illness under Medicaid, others followed with their own suits …
Court Rulings on Firearms - The Right To Make Or Own A Machine Gun
In 1986 J. D. Farmer, Jr., filed an application with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to legally make and register a machine gun for his personal collection. The bureau turned his request down, asserting that the Firearms Owners' Protection Act of 1986 banned such a weapon from private ownership unless the applicant had owned it before May 19, 1986. Farmer went …
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