Court Gun Cases
Dave Kopel, Stephen P. Halbrook, Alan Korwin
Descriptive Index of Cases
All 92 Supreme Court gun cases are listed here alphabetically,
as answered questions, to help you find specific proceedings,
and quickly grasp the gun-related elements of the case.
Only the questions related to firearms or self defense
Cases 93 to 96, including D.C. v. Heller
even if, as is often the case, the decision itself has a different focal
Many other questions are indeed typically addressed in the cases and,
because of the terseness of the questions below, you should rely on
the full actual cases for an understanding of the significance of each
Think of this index as a navigation tool, a memory jogger, and a good
Indicates the 44 cases presented in their entirety in Supreme
Court Gun Cases.
Ð Indicates the 14 self-defense cases.
Key: Name; Date; Citation; Page in Supreme Court Gun Cases
Acers v. United States Ð; 1896; 164 U.S. 388; 238
Is fear of a deadly attack, without reasonable demonstrated grounds for
the fear, sufficient to support a claim of self defense [NO]; Must the
danger be immediate [YES]; Can any object be considered as a deadly weapon
depending on how it was used [YES].
Adams v. Williams; 1972; 407 U.S. 143; 363
Can a peace officer conduct a limited protective search for concealed
weapons, if there is reason to believe a suspect is armed and dangerous
[YES]; Are 4th Amendment guarantees violated by such a stop and frisk
Adamson v. California; 1947; 332 U.S. 46; 310
[The dissenting opinion in a 5th Amendment case argues that the 14th Amendment
was intended to incorporate the Bill of Rights, including the 2nd Amendment,
against the states].
Alberty v. United States Ð; 1896; 162 U.S. 499; 231
If a husband sees another man trying to get into his wifes room
window at night is it natural for him to investigate further [YES]; Is
the husband under a duty to retreat when attacked with a knife under such
circumstances [NO]; May the husband use only as much force as is necessary
to repel the assault [YES]; If in an ensuing confrontation the husband
shoots and kills the other man, then flees, must his flight in and of
itself be seen as evidence of his guilt [NO].
Albright v. Oliver; 1994; 510 U.S. 266; 481
[The dissenting opinion in a case involving freedom from malicious prosecution
cites the right to keep and bear arms as among fundamental freedoms guaranteed
by the Constitution].
Allen v. United States Ð; 1896; 164 U.S. 492; 241
Are words alone sufficient provocation to justify an assault [NO]; Are
words alone sufficient to reduce murder to manslaughter [NO]; Can premeditation
and intent to kill be determined from your actions [YES]; Although flight
after a possibly criminal event may suggest guilt, does it prove it conclusively
Allison v. United States Ð; 1895; 160 U.S. 203; 216
Is it reasonable to believe that youre in immediate deadly danger
if a person, known to be abusive, known to carry a pistol, and who has
made public threats against your life, makes a motion as if to draw down
on you, even if it turns out he wasnt armed at the time [YES]; If
there is no corroborating evidence besides your testimony, may the jury
decide to take your word for it and acquit based on your credibility [YES];
If you have your deer rifle with you while visiting a friends house
and your adversary shows up, and in an ensuing confrontation you shoot
him, can the judge instruct the jury that youre guilty of murder
if you armed yourself to go hunt down your adversary, when there is no
evidence to support this claim [NO].
Andersen v. United States Ð; 1898; 170 U.S. 481; 255
If an indictment is brought charging that a defendant shot and then threw
a victims body into the sea, so the exact cause of death cannot
be known, is the indictment flawed and invalid [NO]; Do the elements of
self defense have to be present for an accused person to successfully
claim self defense [YES].
Bailey v. United States ; 1995; 516 U.S. 137; 542
Can the sentence for a drug offense be increased for using a gun, if the
defendant possessed a gun at the time of the offense but did not actively
employ it [NO]; Is the inert presence of a firearm sufficient
to indicate use for the purpose of enhancing certain drug
offenses [NO]; Does storing a gun with drugs or drug money constitute
use for this purpose [NO]; Does hiding a gun where it can
be grabbed and used if necessary constitute use [NO]; If the gun is not
disclosed or mentioned is it used [NO].
Barrett v. United States ; 1976; 423 U.S. 212; 382
Is the Gun Control Act violated by a convicted felon acquiring a gun that
has at some point moved in interstate commerce, even if the felons
acquisition and possession occurred entirely within one state [YES].
Bass, United States v., ; 1971; 404 U.S. 336; 351
To convict a felon of illegal possession of a firearm, does the prosecution
need to show, in addition to possession, that the firearm had a connection
to interstate commerce [YES]; Does the same apply to receiving, and to
transporting a firearm [YES]; Would showing that the firearm had at some
time previously traveled in interstate commerce be a sufficient nexus
Bean, United States v., ; 2002; 01-704; 643
If BATF fails to act on a request for restoration of the right to bear
arms, but does not actually deny the request, are there actionable grounds
for judicial review to get those rights restored [NO].
Beard v. United States Ð; 1895; 158 U.S. 550; 208
Can you stand your ground with a shotgun against an unprovoked armed attack
on your property near your home [YES]; Is there a greater duty to retreat
on your own property than in your house [NO].
Beecham v. United States ; 1994; 511 U.S. 368; 482
Does reinstatement of a federal felons civil right to keep and bear
arms by a state court remove the federal disability against felons bearing
arms [NO]; Does the fact that Congress currently provides no way for a
felon to restore the right to keep and bear arms matter in this regard
Biswell, United States v.,; 1972; 406 U.S. 311; 361
Is the 4th Amendment violated when a federally licensed firearms dealers
business is searched under 18 USC §923(g) without a warrant, and
illegally possessed guns are seized [NO]; When a dealer chooses
to engage in this pervasively regulated business and to accept a
federal license, does he do so with the knowledge that his business will
be subject to effective inspection [YES].
Bousley v. United States; 1998; 523 U.S. 614; 599
Does a defendant need to understand what constitutes use of
a firearm in relation to a drug-trafficking crime, in order to enter a
constitutionally valid guilty plea [YES].
Brown v. United States Ð; 1921; 256 U.S. 335; 285
Is there a duty to retreat when attacked by a man with a knife [NO]; Believing
youre in a mortal conflict, if you fire a shot in the heat of combat,
which in cool reflection later may be seen as unnecessary, may you still
be acquitted on grounds of self defense [YES]; Is your right of self defense
roughly similar in your home, on your land, and at your work [YES]; Can
detached reflection be demanded in the presence of an uplifted knife [NO].
Brown v. Walker; 1896; 161 U.S. 591; 223
Is the object of the first eight amendments to the Constitution to incorporate
into the fundamental law of the land certain principles of natural justice
[YES]; Are the first eight amendments limitations only upon the powers
of Congress and the Federal courts, and not applicable to the several
States, except so far as the 14th Amendment may have made them applicable
Bryan v. United States ; 1998; 524 U.S. 184; 613
Are you committing the crime of willfully dealing in firearms
without a license, if you know your actions are illegal but do not know
the licensing law you are violating [YES]; Was the Firearms Owners
Protection Act enacted to protect law-abiding citizens who might inadvertently
violate the law [YES].
Burton v. Sills ; 1969; 394 U.S. 812; 344
[The New Jersey Supreme Court rejected a 2nd Amendment suit against a
discretionary firearm licensing law, citing cases that held the 2nd Amendment
inapplicable to the states; the U.S. Supreme Court dismissed the appeal
for want of a substantial federal question.]
Busic v. United States; 1980; 446 U.S. 398; 410
Can an assault sentence, increased under the armed-assault-of-a-federal-officer
law, also be increased under the separate federal armed-felony law [NO].
Caron v. United States; 1998; 524 U.S. 308; 623
Can a three-time violent-felony loser avoid a five-year mandatory penalty
enhancement for carrying a gun in a subsequent crime he commits, if a
state court had partially restored his right to keep and bear arms [NO];
If a state restores a convicted felons right to keep and bear long
guns but not handguns, is the federal ban for felons on possession on
all guns removed [NO].
Castillo v. United States ; 2000; 530 U.S. 120; 629
Is the type of firearm used in a Gun Control Act violation an element
of the offense that must be determined by a jury [YES]; Is the type of
firearm used in a GCA violation a sentencing factor that may be determined
by a judge [NO].
Cruikshank, United States v., ; 1875; 92 U.S. 542; 159
Does the right to bear arms for a lawful purpose depend on the Constitution
for its existence [NO]; Does the 2nd Amendment have no other effect than
to restrict the powers of the national government, and prevent Congress
from infringing on the right to bear arms [YES].
Cummings v. Missouri; 1866; 71 U.S. 277; 158
Is deprivation or suspension of a persons civil rights, including
the right to bear arms, a form of punishment [YES].
Custis v. United States; 1994; 511 U.S. 485; 485
Can a defendant at a federal sentencing hearing (in this case under the
Armed Career Criminal Act of 1984) attack the validity of prior state
convictions that are used to enhance his sentence [NO].
Deal v. United States; 1993; 505 U.S. 129; 469
When a statute calls for quadrupling the prison sentence for subsequent
crimes of violence involving use of a gun, can a defendant suffer the
enhanced penalty if the subsequent and original charges are all proven
during a single trial [YES].
DeShaney v. Winnebago County Dept. of Social Services; 1989; 489 U.S.
Does the 14th Amendment guarantee that a state must protect its citizens
from private violations of life, liberty or property [NO].
Dickerson v. New Banner Institute ; 1983; 460 U.S. 103; 411
If a state criminal conviction, which removes your ability to bear arms
under federal law, is expunged at the state level, is your federal disability
from bearing arms automatically removed [NO]; Is it constitutional to
deny your right to arms after your conviction has been expunged [YES].
Dred Scott v. Sandford; 1856; 60 U.S. 393; 149
Do freed slaves have the rights of other American citizens, including
the right to keep and bear arms [NO]; Can Congress deny to the people
in federal Territories the right to keep and bear arms [NO].
Duncan v. Louisiana; 1968; 391 U.S. 145; 333
Is the right to keep and bear arms one of the personal rights guaranteed
and secured by the first eight amendments of the Constitution [YES].
Ex Parte Milligan; 1866; 71 U.S. 2; 150
[The published legal arguments on both sides of this case, involving trial
of a civilian by court martial, both make reference to the 2nd Amendment
as an individual right belonging to the people, but a right not belonging
to slaves or rebels; a man cannot violate the laws of war if he is not
in the military or in the militia in actual service.]
Florida v. J. L.; 2000; 529 U.S. 266; 627
Is a vague and anonymous tip sufficient grounds to conduct a search of
a person on the street alleged to be illegally carrying a gun [NO].
Freed, United States v., ; 1971; 401 U.S. 601; 345
Does the regulatory scheme of the amended National Firearms Act violate
the 5th Amendment protection against self incrimination, or violate a
persons right to due process of law [NO].
Galioto, United States v., ; 1986; 477 U.S. 556; 439
[Court dismisses as moot the constitutionality of allowing felons a means
to restore their right to obtain firearms but not allowing the same for
former mental patients, because Congress, while this case was in process,
changed the law to allow any person with firearms disabilities to apply
Gonzales, United States v.,; 1997; 520 U.S. 1; 552
May the federal five-year-sentence enhancement for using or carrying a
gun during a drug trafficking crime run concurrently with a state sentence
Gourko v. United States Ð; 1894; 153 U.S. 183; 189
If you shoot someone who has repeatedly threatened you, and the circumstances
of the shooting are not found to be justifiable as self defense, does
the fact that you armed yourself in response to the threat automatically
make the shooting murder (as opposed to manslaughter) [NO].
Griswold v. Connecticut; 1965; 381 U.S. 479; 322
Do the first eight amendments to the Constitution protect fundamental
rights of the people [YES].
Hamilton v. Regents of the University of California; 1934; 293 U.S.
Do the states have the authority to train their able-bodied male citizens
of suitable age, to develop fitness to serve in the state militia [YES];
Is the state the sole judge of the means and amount of training as long
as it doesnt conflict with federal law [YES].
Harris v. United States; 2002; 00-10666; 634
Is brandishing a gun during a specified drug-trafficking crime a sentencing
factor to be determined by a judge, and not an element of the crime to
be determined by a jury [YES].
Haynes v. United States ; 1968; 390 U.S. 85; 326
Does Congress have the authority to regulate the manufacture, transfer,
and possession of firearms, subject to constitutional limitations, and
to tax unlawful activities [YES]; Did the registration requirements of
the National Firearms Act violate the defendants 5th Amendment privilege
against self incrimination [YES]; Was a proper claim of 5th Amendment
protection a complete defense against failure to register or possession
of an unregistered NFA weapon [YES]. (Note that Congress redrafted the
relevant statute to overcome these findings and continue to require NFA
Houston v. Moore; 1820; 18 U.S. 1; 147
[The first mention of the 2nd Amendment in a High Court decision occurs
as a brief remark in a dissent in this case, postulating that the amendment
would have little effect on the legitimacy of a state running and arming
its militia in the absence of, or subordinate to Congressional regulation.
It implies that the amendment was not primarily viewed as a guarantee
of state government powers to control state militias.]
Huddleston v. United States ; 1974; 415 U.S. 814; 369
Is the return of a gun from a pawnbroker subject to the same requirements
as the sale of a gun from a dealer under the Gun Control Act of 1968 [YES];
Is the intention of the GCA to deprive guns to unauthorized juveniles,
fugitives, criminals and the mentally incompetent [YES]; Are hunting,
target practice, gun collecting, and the legitimate use of guns for individual
protection allowed under the GCA [YES]; Did Congress require commerce
in firearms to be channeled through a federalized network of dealers in
an effort to halt illegal mail-order and interstate consumer traffic in
Johnson v. Eisentrager; 1950; 339 U.S. 763; 313
Does the Constitution confer to Nazi spies captured in China during WWII,
subsequently convicted of spying on the U.S. and serving their sentences
in post-war Germany, the rights it confers to U.S. citizens [NO]; Do the
rights of U.S. citizens include among others the right to bear arms as
in the 2nd Amendment [YES].
Kepner v. United States; 1904; 195 U.S. 100; 274
Did the adoption in the Philippines of most of the U.S. Bill of Rights
omit the right to a trial by jury and the right of the people to bear
Knapp v. Schweitzer; 1958; 357 U.S. 371; 314
Do all the first eight amendments of the Bill of Rights apply to the states
Konigsberg v. State Bar of California; 1961; 366 U.S. 36; 315
Does absolute verbiage (shall make no law, shall not
be infringed) in the 1st and 2nd Amendments allow for some level
of regulation, some of which is well established and widely recognized
Laird v. Tatum; 1972; 408 U.S. 1; 368
Was the 2nd Amendment added to the Constitution to authorize a decentralized
militia, guaranteeing the right of the people to keep and bear arms [YES].
Lewis v. United States ; 1980; 445 U.S. 55; 401
If a person is prohibited from possessing firearms due to a prior felony
conviction, does it matter if the prior conviction was unconstitutional
Logan v. United States Ð; 1892; 144 U.S. 263; 180
Does the 2nd Amendment guarantee a preexisting right recognized by the
Constitution, and not a right created by the Constitution [YES]; Is a
prisoner in legal custody entitled to protection while he is deprived
of the ordinary means of defending and protecting himself [YES].
Lopez, United States v., ; 1995; 514 U.S. 549; 506
Does the Interstate Commerce Clause give Congress the power to regulate
personal possession of firearms near local schools [NO]; Is possession
of a gun in a school zone an economic activity [NO].
Malloy v. Hogan; 1964; 378 U.S. 1; 319
Is it unsettled as to whether the 14th Amendment applies the first eight
amendments to the Bill of Rights against the states [YES]; Did Presser
v. Illinois find that the particular guarantees of the 2nd Amendment were
not safeguarded from state action [YES].
Maryland v. United States; 1965; 381 U.S. 41; 320
For the purpose of determining liability in an air crash involving a National
Guard and commercial aircraft, are National Guard members state employees,
and not federal employees, if not specifically called into federal service
[YES]; Does it matter if the members were military or civilian members
Maxwell v. Dow; 1900; 176 U.S. 581; 269
Did the court decide in Presser v. Illinois that the 2nd Amendment is
only a limitation on federal power [YES]. Would incorporation of the privileges
and immunities of U.S. citizens against the states entirely destroy the
sovereignty of the states [YES]. (Dissent suggests the Bill of Rights
should apply to the states.)
Miller v. State of Texas ; 1894; 153 U.S. 535; 194
Will the Court accept a 2nd Amendment issue on appeal if it wasnt
raised in court prior to the appeal [NO].
Miller, United States v., ; 1939; 307 U.S. 174; 300
Without the presentation of evidence or testimony, can the Court determine
whether a short-barreled shotgun, as defined in the 1934 NFA law, is a
militia weapon and therefore an arm protected by the 2nd Amendment [NO];
Is possession of arms by the people related to the preservation and efficiency
of a well regulated militia [YES].
Miranda v. Arizona; 1966; 384 U.S. 436; 325
Where rights secured by the Constitution are involved, can there be any
rule making or legislation that would abrogate them [NO].
Moore v. E. Cleveland; 1976; 431 U.S. 494; 390
Is the right to keep and bear arms among the type of individual rights
enumerated in the Bill of Rights [YES].
Muscarello v. United States ; 1998; 524 U.S. 125; 600
With regard to a mandatory penalty increase for carrying a firearm in
relation to a drug trafficking crime, does carry include in
the trunk of a car [YES]; Is a drug dealer with a gun in her pocket more
dangerous than a drug dealer with a gun in her car trunk [NO].
One Assortment of 89 Firearms, United States v., ; 1984; 465
U.S. 354; 422
Does acquittal from criminal charges for dealing in firearms without a
license prevent the government from conducting a separate civil forfeiture
action and confiscating the firearms involved [NO]; Is such confiscation
a violation of the protection against double jeopardy [NO]; Can the lower
threshold of guilt (preponderance of the evidence) allow the government
to prevail in the forfeiture, where it could not against the higher threshold
(beyond a reasonable doubt) in criminal proceedings [YES]; Is the gun
confiscation scheme in the law primarily a civil, non-criminal, remedial
Patsone v. Pennsylvania ; 1914; 232 U.S. 138; 279
Can a state prohibit possession of rifles or shotguns for hunting by nonresident
aliens without violating due process guarantees [YES]; Does such a prohibition
violate specified treaty conditions with Italy [NO].
Pennsylvania Bd. of Probation and Parole v. Scott; 1998; 524 U.S. 357;
Are firearms seized in a warrantless search of a paroled felons
residence admissible as evidence at a parole revocation hearing, even
if the seizure violated the 4th Amendment [YES].
Perpich v. Department of Defense ; 1990; 496 U.S. 334; 446
Can members of a states organized militia be called into federal
service, for training outside the United States, without an imminent emergency
and without the state Governors permission [YES]; When members of
the state National Guard are federalized, are they still members of their
state militia [NO]; When they muster out of federal service do they regain
their state status [YES].
Planned Parenthood v. Casey; 1992; 505 U.S. 833; 468
Do the protections of the 14th Amendment extend beyond the specifics in
the Bill of Rightssuch as free speech, press, religion, the right
to keep and bear arms and moreand to a freedom from all arbitrary
impositions [YES]; Is the right to keep and bear arms among the type of
individual rights enumerated in the Bill of Rights [YES].
Poe v. Ullman; 1961; 367 U.S. 497; 317
(Justices Douglas and Harlan filed dissenting opinions, asserting that
the 14th Amendment applies the Bill of Rights to the states, a position
that was later adopted into law.)
Powell, United States v., ; 1975; 423 U.S. 87; 378
Is a 22-inch-long sawed-off shotgun capable of being concealed on the
person and hence illegal to ship through the U.S. Post Office [YES].
Presser v. Illinois ; 1886; 116 U.S. 252; 172
Are all citizens capable of bearing arms the reserve military force in
the country [YES]; Can the states deny citizens the right to keep and
bear arms, thus depriving the United States of calling forth the militia
[NO]; Can states regulate firearms as required for public order [YES].
Printz/Mack v. United States ; 1997; 521 U.S. 898; 556
Does the 10th Amendment prohibit the federal government from commanding
local police authorities to implement federal police mandates, and conduct
background checks on prospective handgun purchasers (the Brady case) [YES].
Robertson v. Baldwin; 1897; 165 U.S. 275; 254
Does the Bill of Rights protect guarantees and immunities
which existed long before the Constitution was adopted [YES]; Are there
well-recognized limits on these rights [YES]; Can a state prohibit concealed
carry without violating the 2nd Amendment [YES].
Roe v. Wade; 1973; 410 U.S. 113; 369
Is the full scope of liberty protected by the 14th Amendment more than
a series of isolated points that includes the right to keep and bear arms
Rogers v. United States ; 1998; 522 U.S. 252; 594
[A writ to consider knowing possession of an NFA firearm
(a silencer in this case) is dismissed because the case fails to present
the issue sufficiently clearly to merit review.]
Rowe v. United States Ð; 1896; 164 U.S. 546; 247
If a man is provoked into making a minor assault on someone, and then
backs off in good faith, is his right to self defense restored if the
person he assaulted attacks him with a deadly weapon? [YES]; Is he required
to retreat under such circumstances [NO]; Is he under an obligation to
try to only wound an attacker when fighting for his life [NO]; Can either
party in a mutual combat claim self defense [NO].
Scarborough v. United States ; 1977; 431 U.S. 563; 391
With regard to illegal possession of a firearm by a felon, which is federally
banned for guns in or affecting commerce, does it matter when the gun
moved in commerce, or when the felon was convicted, as long as both conditions
Schwimmer, United States v., ; 1929; 279 U.S. 644; 289
If a person is unwilling to take up arms in military service if called
upon, should application for naturalized U.S. citizenship be accepted
[NO]; Is a fundamental principle of our Constitution that it is the duty
of citizens, by force of arms, to defend our government against all enemies
whenever necessity arises [YES].
Simpson v. United States; 1978; 435 U.S. 6; 399
Can a bank-robbery sentence, increased under the federal armed-bank-robbery
law, also be increased under the separate federal armed-felony law [NO].
Smith v. United States ; 1993; 508 U.S. 223; 470
For the purpose of enhancing the sentence in a drug-trafficking crime
to a mandatory 30 years, does the phrase using a gun, in connection
with drug trafficking, include offering to barter a MAC-10 with a silencer
for two ounces of cocaine [YES].
Sonzinsky v. United States ; 1937; 300 U. S. 506; 296
Is a firearm, as defined in the 1934 NFA law, and a firearm dealer, federally
Spencer v. Kemna; 1998; 523 U.S. 1; 598
[A dissenting opinion says a felon endures tangible harm after his sentence
expires because he loses his right to vote or to bear arms, and is at
risk for greater penalty in a future offense.].
Staples v. United States ; 1994; 511 U.S. 600; 486
If a person is not aware that a firearm he possesses has been modified
to fire as a machinegun, is he guilty of violating the ban on possessing
an unregistered NFA weapon [NO].
Starr v. United States Ð; 1894; 153 U.S. 614; 196
If a law officer legally serving a warrant shoots at a suspect without
identifying himself, is the suspect justified in shooting back and killing
the officer in self defense [YES].
Stearns v. Wood ; 1915; 236 U.S. 75; 283
Does the Court have to interpret the 2nd Amendment or militia aspects
of the Constitution for a National Guard officer who has insufficient
legal standing to bring a case [NO].
Stinson v. United States; 1993; 508 U.S. 36; 480
Is the commentary to the U.S. Sentencing Guidelines, stating that possession
of a firearm by a convicted felon is not a crime of violence, binding
on the federal courts [YES].
Tennessee v. Garner Ð; 1985; 471 U.S. 1; 428
Is the use of deadly force by police to prevent the escape of all felony
suspects constitutionally unreasonable [YES]; Is the use of deadly force
by a police officer permissible under the 4th Amendment, if necessary
to prevent the escape of a felony suspect who threatens the officer with
a weapon, or if there is probable cause to believe that the suspect has
committed a crime involving the infliction or threatened infliction of
serious physical harm, if, where feasible, some warning has been given
Terry v. Ohio; 1968; 392 U.S. 1; 334
Is a limited, protective, non-invasive pat-down search for
weapons, known as a stop and frisk, a reasonable search and
seizure under the 4th Amendment if an officer observes suspicious behavior
and believes its necessary for the safety of the officer or others
nearby [YES]; Is the higher standard of probable cause needed to conduct
such a search for weapons [NO]; Is a more complete search reasonable under
these conditions [NO]; Is such a stop and frisk a severe but allowable
intrusion upon cherished personal security [YES].
Thompson v. United States Ð; 1894 ; 155 U.S. 271; 203
Does arming yourself after being threatened, and then traveling the only
road in the area where you know your adversary may be, turn a subsequent
shooting of the adversary during a confrontation into murder? [NO]; Is
arming yourself for legitimate self defense premeditation [NO].
Thompson/Center Arms Co., U.S. v., ; 1992; 504 U.S. 505; 458
Is the definition of making an NFA firearm sufficiently clear
to require registration and payment of the $200 NFA tax on a parts kit
that can be assembled into a legal carbine or into a must-be-registered-to-be-legal
short-barreled rifle [NO]; Is a carbine together with all the parts needed
to convert it to a machinegun a machinegun [YES]; Is an unassembled silencer
a silencer [YES]; Is an unassembled machinegun a machinegun [YES]; Is
a pistol and attachable shoulder stock found in different drawers of the
same dresser a short-barreled rifle [YES].
Tot v. United States ; 1943; 319 U.S. 463; 306
Does possession of a pistol by a person who has a prior felony conviction
constitute proof that the person acquired the gun in interstate commerce,
or acquired it after the date of the act that would outlaw such possession
Trono v. United States; 1905; 199 U.S. 521; 276
Is the right of the people to bear arms omitted in the Act of Congress
of July 1, 1902, concerning people in the Philippines [YES].
Twining v. New Jersey ; 1908; 211 U.S. 78; 277
Are the right of trial by jury, guaranteed by the 7th Amendment, and the
right to bear arms, guaranteed by the 2nd Amendment, among the privileges
and immunities of citizens of the United States guaranteed by the 14th
Amendment against abridgment by the States [NO].
United States v. (various names)
Cases beginning with United States are listed alphabetically
by the named party, q.v., Bass, Bean, Biswell, Cruikshank, Freed, Galioto,
Gonzales, Lopez, Miller, One Assortment of 89 Firearms, Powell, Schwimmer,
Thompson/Center Firearms Co., Ursery, Verdugo-Urquidez.
Ursery, United States v.,; 1996; 518 U.S. 267; 549
Was the confiscation of guns in the U.S. v. One Assortment of 89 Firearms
case remedial, and not criminal in nature, and thus not prohibited under
double jeopardy protections [YES].
Verdugo-Urquidez, United States v.,; 1990; 494 U.S. 259; 444
Does the phrase the people used in the 2nd Amendment refer
to individual members of the American society, the same as it does in
the Constitutions preamble, and its 1st, 4th, 9th and 10th Amendments
[YES]; Does the 2nd Amendment protect the right of the people to
keep and bear arms. [YES].
Wallace v. United States Ð; 1896; 162 U.S. 466; 224
Is it up to the jury to decide whether a homicide is murder, manslaughter
or justifiable [YES]; Does a perfect right of self defense require blamelessness
in the confrontation and an act of necessity only [YES]; Can you claim
self defense if you had intentionally brought about a lethal conflict
[NO]; Is it up to the jury to decide whether you armed yourself defensively
or otherwise [YES]; Is it murder if you enter a quarrel without felonious
or malicious intent, and then, under reasonable belief of imminent mortal
danger, you kill the assailant [NO]; Does the fact that you deliberately
go and arm yourself, for self defense or other innocent purpose, turn
a subsequent shooting necessarily from manslaughter to murder [NO].
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