SPA-220 FA4 Lecture Notes - Lecture 5: Precedent, Original Intent, Federal Judicial Center
13 Dec 2016
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Document Summary
Not individual right to open firearms exists unless it is in conjunction with a state militia: second interpretation: guarantees an individual right to keep and bear arms. The freedom to keep and bear arms supports the inalienable right of individuals to engage in self defensive behavior when necessary: support for federal weapons restrictions began to grow due to the prohibition and great depression. Public awareness was raised due to a misuse of guns leading to a violent confrontation between warring criminal organizations in chicago (st. valentines massacre) Congress responded by imposing a ban on the use of postal service to transport certain weapons & then by passing the national firearm act of 1934: nfa. Congress used its authority to levy taxes to justify the legislation. Law imposed an excise tax on certain particularly lethal weapons & required their registration. Prohibited the interstate transportation of any unregistered firearm: court case: united states v. miller (1939)
