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Rights and Liberties in the USA

The Second Amendment and gun ownership

  • 3 things to know
  • A2 Unit 4

Overview

Two competing readings of the Second Amendment, three commonly proposed gun control measures and red flag law.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Set out the constitutional test for gun regulation and the measures debated under it.

Key term

Explain the two competing readings of the Second Amendment.

Key term

What test for gun regulation did New York State Rifle and Pistol Association v Bruen (2022) set?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does the Second Amendment say?

    Model answer

    That a 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. 2

    Explain the two competing readings of the Second Amendment.

    Model answer

    The collective reading ties the right to service in a state militia; the individual reading treats it as a personal right to own weapons.

  3. 3

    What did District of Columbia v Heller (2008) decide?

    Model answer

    That the Second Amendment protects an individual right to keep a handgun at home for self-defence, striking down the District's handgun ban.

  4. 4

    What did McDonald v Chicago (2010) add?

    Model answer

    That the individual right recognised in Heller applies against the states through the Fourteenth Amendment.

  5. 5

    Did Heller hold that the right to bear arms is unlimited? Explain.

    Model answer

    No; the Court said the right is not unlimited and left room for bans on possession by felons and the mentally ill, and on carrying in sensitive places.

  6. 6

    What test for gun regulation did New York State Rifle and Pistol Association v Bruen (2022) set?

    Model answer

    A regulation must be consistent with the nation's historical tradition of firearm regulation.

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