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2nd Amendment A well regulated Militia, being necessary to the security of a free State, the right o

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Title: 2nd Amendment A well regulated Militia, being necessary to the security of a free State, the right o


1
2nd AmendmentA well regulated Militia,
being necessary to the security of a free State,
the right of the people to keep and bear Arms,
shall not be infringed.
2
Presented
ByDavid Jeff Chris Brittany Jenny
3
Cases Pertianing to the 2nd Amendment
Silveira vs. Lockyer United States vs.
Miller Et. Al And The Brady
Bill
4
Silveira Vs Lockyer
lawsuite that challenges the California semiauto
rifle ban
plaintiffs are represented by Califonia Gary
Gorski
  • In 1999, Californias Democrat-controlled
    government issued an edict banning the sale,
    manufacture, or importation into the state of all
    semi-automatic rifles having combinations of
    arbitrarily-selected ergonomic features, such as
    detachable magazines, folding stocks, flash
    suppressors, and pistol grips. If you already
    owned such a rifle, the edict said you must
    register it with the state.

5
Best Ruling.
The best Supreme Court ruling would be the one
that is historically, constitutionally, and
logically sound such a ruling would be (1)
consistent with the very purpose of the 14th
Amendment, which is to clarify that the Bill of
Rights applies to the states and applies to
everyone in the United States (2) consistent
with incorporation precedents set by rulings on
other Amendments in the Bill of Rights (3)
consistent with all other instances in the Bill
of Rights where the people refers to an
individual right and (4) consistent with one
purpose of the Second Amendment that the Founders
thought it wise to mention explicitly that is,
having a citizen militia free to arm itself with
weapons suitable for fighting either an invading
army or the army of our own government, should it
become tyrannical. 
6
United States Vs. Miller ET AL.
An indictment in the District Court Western
District Arkansas, Charged that Jack Miller and
Frank Layton did unlawfully,knowingly,
willfully, and feloniously transport in
interstate commerce from the town of Claremore,
Oklahoma to the town of Siloam Springs, Arkansas
a certain firearm. A double barrel 12-gauge
shotgun having a barrel less than 18 inches in
length. The court said that at the time of
transporting the firearm the interstate commerce
said that not having registered the firearm was
against the required Section 1132d of Title 26,
United States Code, and not having in their
position a stamp- affixed written order for the
firearm as provided by Section 1132c Title 26 and
the regulations issued under authority of the Act
of Congress known as the National Firearms Act
approved in June of 1934.
7
This in turn states that not having a permit for
a Sawed off Shotgun and transporting it
between states is illegal unless you Have the
proper permit or it is otherwise noted in the
Interstate Commerce act.
8
The Brady BIll
The law initially required a five-day waiting
period for customers purchasing firearms or
handguns, and mandated a national criminal
background check on purchasers buying handguns
from ATF-licensed dealers. Private party sales,
or sales by dealers who are not federally
approved, were not effected as the federal
government has no jursidiction to restrict
intrastate commerce. The provision which mandated
that local law enforcement officials carry out
the background checks was struck down by the
Supreme Court in 1997 as anunfunded mandate. The
waiting period provision was set to sunset in
1998. In the interval the so-called
"instant-check" system, still used today (2005),
was developed by the FBI. The "instant" check
still requires a wait of three business days in
instances where the system fails to positively
approve or deny the applicant. Most states have
some form of alternative to the background check
such as concealed handgun permits or mandatory
state or local level checks.
9
Bibliography
www.firearmsandliberty.com/fedcases.2nd.htmlsc1 w
ww.google.com www.law.umkc.edu/faculty/projects/ft
rials/conlaw/millervus.html www.wilkipedia.org/wie
lei/Brady_handgun_violence_prevention_act
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