December 19, at It does not say you have to be a member. In andthe Supreme Court issued two landmark decisions concerning the Second Amendment.
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Introduction One evening, a gang brawl broke out in the street next to the northwest Denver home of a young woman named Sharon Deatherage. A police car happened upon the scene, and sped away without taking any action, never to return.
As a result of this experience, the young woman, who lived alone, decided that she would have to take measures to protect herself because she could not rely on the Denver City government for protection.
Because of an injury to her wrist, she was unable to use a handgun. At the suggestion of a firearms instructor, she bought an M-1 carbine, which is a relatively small, low-powered semiautomatic rifle, and which has been commercially available for nearly half a century.
Deatherage into a criminal by declaring her M-1 carbine and its attached round ammunition magazine an illegal "assault weapon.
As of AugustCongress had not enacted a comprehensive federal "assault weapon" prohibition. Employing the rational basis test, before analyzing the of right to bear arms provisions, is useful for several reasons.
For example, the Second Amendment is of limited use in analyzing prohibitions enacted by states or subdivisions of states. Despite some recent Supreme Court dicta suggesting that the individual right to keep and bear arms is incorporated in the Fourteenth Amendment,  federal courts have been unwilling to apply the Second Amendment to non-federal action.
In all of these states, except Massachusetts, the right is considered to inhere in individuals, rather than the state government.
And even in states that do have a constitutional right, right to arms jurisprudence is not as fully developed as, for example, free speech or search and seizure jurisprudence. Thus, use of a right to arms guarantee to test the Constitutionality of "assault weapon" prohibition will involve the judiciary analyzing a Constitutional right with which many judges have little prior professional experience.
In contrast, almost every judge with Constitutional law experience will have some familiarity with a rational basis analysis. To the extent that a right to bear arms analysis does become necessary, analysis of "assault weapon" prohibition under the rational basis test can help clarify the issues relevant to the right to arms.
This Article begins in Part IIwith a brief summary of rational basis jurisprudence. Next, Part III applies the rational basis test to various characteristics that are said to distinguish "assault weapons" from other firearms.
These characteristics include the weapons' rate of fire, ammunition capacity, ammunition lethality, design history, and the presence of features such as a folding stock and a barrel thread for a muzzle brake, or a bayonet lug.
In Part IVthe article examines another basis for treating "assault weapons" differently from other weapons--the frequency with which "assault weapons" are used in crime. Finally, this Article discusses the rationality of a prohibition on firearms based on their suitability for sports.
Taking Rational Basis Seriously When legislation impinges on fundamental constitutional rights, judicial review of the legislation employs the "strict scrutiny" test.
Dec 18, · In Japan, you cannot buy a handgun, much less an assault rifle. In fact, even off-duty police officers are banned from carrying guns. You can buy a shotgun or an air rifle, but it is not easy: First, you have to take a class and a written exam. Ron Paul, Racism, and Federalism: As co-blogger David Bernstein discusses here, Ron Paul's statement on racism claims that "it is the federal government that most divides us by race, class, religion, and gender." As I have argued in great detail here, the federal government's record on racism is not as good and that of the states not as bad as is often supposed. Ayanna Pressley's Equity Agenda for the 7th Congressional District is a series of policy plans. Developed in partnership with key stakeholders, the plans will detail policies and approaches that Pressley will prioritize in Congress to help address the disparities that currently exist in the 7th District.
The legislation is declared constitutional only if the legislation is "narrowly tailored" to achieve a "compelling state interest," and there is no "less restrictive means" to achieve the same goal.CRITIQUE: The report skips by the most obvious issue, which is that most New York State crime guns come from New York.
According to the BATF “Firearms Recovered and Traced” report, New York was the source for 31% of all its crime guns, despite having very stringent gun control laws. Essay Gun Control Part I:Introduction The issue of gun control and violence, both in Canada and the United States, is one that simply will not go away.
If history is to be any guide, no matter what the resolution to the gun control debate is, it is probable that the arguments pro and con will be much the same as they always have been.
Executive Summary. The sale, possession, and use of firearms are regulated by the Australian states and territories, with cross-border trade matters addressed at the federal level. B. Fraudulent Suppression of the Decline in Accidental Child Gun Death. To help promote their gun control agenda, health advocate sages have long harped on the emotionally charged issue of child death by gun accident.
Multiple reasons dictate their failure to acknowledge the steep decline in such tragedies. Simply using the phrase “gun laws” or “stronger gun laws” is a neutral, appropriate phrase, and it should be part of all public polling and public discussion going forward. § Definitions. Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this part, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.