Firearm case law in the United States
Encyclopedia
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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and other federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, many times. These cases deal with Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
, which is a part of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
and/or federal laws regulating firearms possession.
United States Supreme Court cases
The Supreme Court has occasionally interpreted the Second Amendment and has also mentioned the Second Amendment when ruling on other legal matters.Interpreting the Second Amendment
- United States v. CruikshankUnited States v. CruikshankUnited States v. Cruikshank, 92 U.S. 542 was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.-Background:On Easter...
, - A post Civil War era case relating to the Ku Klux KlanKu Klux KlanKu Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
depriving freed slaves basic rights such as freedom of assembly and to bear arms. The court ruled the application of 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. IllinoisPresser v. IllinoisPresser v. Illinois, 116 U.S. 252 , was a decision of the Supreme Court of the United States holding that the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the state.-Background:In this 1886 case,...
, - 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:
- United States v. MillerUnited States v. MillerUnited States v. Miller, 307 U.S. 174 , was the first Supreme Court of the United States decision to involve the Second Amendment to the United States Constitution. Miller is a controversial decision in the ongoing American gun politics debate, as both sides claim that it supports their...
, - The Court stated in part:
- District of Columbia v. HellerDistrict of Columbia v. HellerDistrict of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, 554 U.S. 570 (2008) - The Court affirmed the decision of the United States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the District of Columbia CircuitThe United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, holding:
- McDonald v. ChicagoMcDonald v. ChicagoMcDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 , was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states...
(2010) - The Court ruled that the Second Amendment was incorporated against state and local governments, through the Due Process Clause of the Fourteenth Amendment.
- In the decision, the Court said:
Mentioning the Second Amendment
- Dred Scott v. SandfordDred Scott v. SandfordDred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...
(1857) - The court ruled Scott did not enjoy the protection of the Bill of Rights because of his racial background. However, in its ruling, it implies all free men do have the right to bear arms by indicating what would happen if he was indeed afforded full protection:
- Duncan v. LouisianaDuncan v. LouisianaDuncan v. Louisiana, 391 U.S. 145 , was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.-Background of the case:...
, - A Supreme Court case which incorporated the Sixth AmendmentSixth Amendment to the United States ConstitutionThe Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to a jury trial at the state level as required by the Fourteenth AmendmentFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. In a concurring opinion by Justice Hugo BlackHugo BlackHugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, he used a statement by Senator Howard, who introduced the Fourteenth Amendment, to help validate the Court's ruling that the Bill of Rights as a result of the Fourteenth Amendment forces states, and not just the federal government, to protect the same individual rights enumerated in the Bill of Rights:
-
- Lewis v. United States, - Ruling that the Congress may prohibit felons from possessing firearms:
- United States v. Verdugo-UrquidezUnited States v. Verdugo-UrquidezUnited States v. Verdugo-Urquidez, 494 U.S. 259 , was a United States Supreme Court decision that determined that Fourth Amendment protections do not apply to searches and seizures by United States agents of property owned by a nonresident alien in a foreign country.-Facts:Rene Martin...
- A case dealing with nonresident aliens and the Fourth Amendment, but led to a discussion of who are "the People" when referred to in the Constitution:
- Lewis v. United States, - Ruling that the Congress may prohibit felons from possessing firearms:
Firearm Owners Protection Act court rulings
- Farmer v. Higgins (11th Cir. 1990) - United States Court of Appeals for the Eleventh CircuitUnited States Court of Appeals for the Eleventh CircuitThe United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
ruling the ATF does not need to register new machine guns for private ownership under the exception of 18 USC 922(o)(A)(1). - United States v. Warner (10th Cir. 1993) - United States Court of Appeals for the Tenth CircuitUnited States Court of Appeals for the Tenth CircuitThe United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
ruling regarding Mr. Warner, who was caught in Utah with a machine gun and convicted on 922(o), possession of a machine gun. Mr. Warner appealed on the basis the Utah constitution allows its citizens to bear arms, and therefore he is exempt based on 922(o)(2)(A), "under authority of the State." However, the court overruled this, citing the Farmer case saying machine guns were not meant to be in private hands, and although the Utah law gives permission to own automatic firearms, it did not grant him authority. - United States v. Rock Island Armory (1991) - United States District Court for the Central District of IllinoisUnited States District Court for the Central District of IllinoisThe U.S. District Court for the Central District of Illinois serves the residents of forty-six counties from its four courthouses...
ruling one cannot be prosecuted for 1934 National Firearms ActNational Firearms ActThe National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
violations for machine guns produced after 1986:
Commerce Clause challenges to firearm laws
- United States v. LopezUnited States v. LopezUnited States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
, - In the first Supreme Court case, since the New DealNew DealThe New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
, to set limits on the Congress'sUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
power under the Commerce ClauseCommerce ClauseThe Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
, the Court declared the Gun-Free School Zones Act of 1990 unconstitutionalConstitutionalityConstitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
. - United States v. RybarUnited States v. RybarUnited States of America v. Raymond Rybar, Jr., 103 F.3d 273 , is a case which was argued before the Third Circuit Court of Appeals on September 13, 1995, and decided on December 30, 1996...
(3d Cir. 1996) - In this case, the United States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Third CircuitThe United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
ruled Congress did have the power to regulate possession of homemade machine gunMachine gunA machine gun is a fully automatic mounted or portable firearm, usually designed to fire rounds in quick succession from an ammunition belt or large-capacity magazine, typically at a rate of several hundred rounds per minute....
s under the Commerce ClauseCommerce ClauseThe Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
, later contradicted by the Ninth Circuit, but ultimately reaffirmed by the Supreme Court. The Third Circuit made this decision 2-1, with future Supreme Court Justice Samuel AlitoSamuel AlitoSamuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
in dissentDissenting opinionA dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
. - United States v. Stewart (348 F.3d 1132 (2003) and 451 F.3d 1071 (2006)) - In 2003, the United States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
struck down Stewart's conviction on a charge of possession of an unregistered machinegun (18 U.S.C. §922(o)) on Commerce Clause grounds. Following the Supreme Court's decision in Gonzales v. RaichGonzales v. RaichGonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
, the Court ordered Stewart remanded to the Ninth Circuit for further consideration in light of the decision in Raich. The Ninth Circuit then upheld Stewart's conviction, concluding
External links
- Arms and the law - A web site with review and analysis of firearm case law
- NRA list of firearm court cases
- Guncite - List of Supreme Court cases related to the Second Amendment on Guncite
- Supreme Court cases - Comprehensive list of Supreme Court cases which deal with firearms
- State Supreme Court cases - Comprehensive list of State Court cases which deal with firearms