Need help with pro 2A paper

Status
Not open for further replies.
D

Darkside852003

Member
Joined
Feb 24, 2004
Messages
367
Location
S.E. MI
My fiance has a AP government paper to write. She has to do it on a amendment violation. She and I figure what better than to show the day to day violation of the second amendment. She needs exact details of one or more events on how or why it was violated. She is in a jam here, she just told me about this paper and she has to have it finished tonight.

Thanks everybody,

Jeff
 
Use whatever SCOTUS case it was that they ruled that the 2A was an individual right...there has to be a violation there to start with.

Greg
 
She is in a jam here, she just told me about this paper and she has to have it finished tonight.
Click to expand...
This is probably too late . . . nothing like waiting for the last minute. :rolleyes:

If the teacher is an "anti" he/she may determine that there's no actual violation until a court says so, so backing up an "amendment violation" by a court decision may be needed for a good grade.

Actually, what I'd do is research what was happening in Chicago public housing a couple of years ago - police were conducting involuntary warrantless searches to look for evil GUNS. You can work in 2nd Amendment violations, true, but here it was a clear case of a 4th Amendment violation, and a court said so.

You can also look at the 1968 Supreme Court case of Haynes vs. US, where a convicted felon's firearms registration violation conviction was tossed on Fifth Amendment grounds. (Felons are prohibited from having guns. Prosecuting felons for registration violations means the Gov. requires them to register something they're prohibited from having. This requires them to incriminate themselves - a violation of the Fifth. The result is that ONLY people who are not otherwise prohibited from having guns can be prosecuted for a REGISTRATION violation.)
 
>> The result is that ONLY people who are not otherwise prohibited from having guns can be prosecuted for a REGISTRATION violation.) <<

Yes, but this was in reference to the 1934 National Firearms Act (NFA) law that required registration of fully-automatic firearms, sawed-off shotguns, and some other things. It did not affect various state and local laws requiring gun registration.

Convicted felons can be and are, charged with *illegal possession* of such arms or devices.
 
http://www.usdoj.gov/olc/secondamendment2.htm

Attorney General opinion securing 2nd Amendment as an individual right. Please note that this came out under Ashcroft, but I don't believe the new AG has released anything official to overrule it. Towards the bottom of the report, several early court cases are cited.

http://www.thehighroad.org/showthread.php?t=97493&highlight=amendment

This thread contains summaries on a few cases early in American history.

It took me less than two minutes to find these. Remember, the search function is your friend. I only looked at the first couple relevant matches when I searched for "amendment" in the legal and political forum. Do the same and peruse the rest of the results yourself.
 
It did not affect various state and local laws requiring gun registration.
Click to expand...
IIRC, when the City of Chicago was passing their gun registration law, they had to rewrite it so that the registration requirements didn't apply to felons.
Convicted felons can be and are, charged with *illegal possession* of such arms or devices.
Click to expand...
Exactly, they are charged with something along the lines of illegal possession of a firearm by a felon or some such. They are not charged with failure to register a firearm. Felons can be prohibited from possession, selling, making, etc., a firearm. Then they get hit with a possession violation. But a registration violation is something that only non-felons can commit.

(If a practicing attorney can provide information that contradicts this, I'd be most interested in knowing.)
 
Status
Not open for further replies.
Back
Top