Supreme Court to hear D.C. handgun ban case (UPDATE)

WASHINGTON — The Supreme Court said today it will decide whether the District of Columbia can ban handguns, a case that could produce the most in-depth examination of the constitutional right to "keep and bear arms" in nearly 70 years.

The justices' decision to hear the case could make the divisive debate over guns an issue in the 2008 presidential and congressional elections.

City officials said the law is designed to reduce gun violence, noting that four out of every five homicides this year was committed with a gun. Opponents of the ban pointed to the level of violence to make their case that Washington residents should be allowed to have guns to protect themselves in their homes.

"This is clearly going to be one of the biggest ... cases decided this year," said Georgetown University law professor Randy Barnett. "It is one of the very few times when the Supreme Court has the opportunity to interpret a provision of the Constitution ... unencumbered by previous Supreme Court rulings."

The government of Washington, D.C., is asking the court to uphold its 31-year ban on handgun ownership in the face of a federal appeals court ruling that struck down the ban as incompatible with the Second Amendment. Today's announcement was widely expected, especially after both the District and the man who challenged the handgun ban asked for the high court review.

The main issue before the justices is whether the Second Amendment protects an individual's right to own guns or instead merely sets forth the collective right of states to maintain militias. The former interpretation would permit fewer restrictions on gun ownership.

Gun-control advocates say the Second Amendment was intended to ensure that states could maintain militias, a response to 18th-century fears of an all-powerful national government. Gun rights proponents contend the amendment gives individuals the right to keep guns for private uses, including self-defense.

Alan Gura, a lawyer for Washington residents who challenged the ban, said he was pleased that the justices were considering the case.

Guns be regulated but not banned, Gura said. "This isn't going to let crazy people have guns or felons have guns," he said at a news conference outside the court.

Wayne LaPierre, executive vice president of the National Rifle Association, noted that 44 state constitutions contain some form of gun rights, which are not affected by the court's consideration of Washington's restrictions. "The American people know this is an individual right the way they know that water quenches their thirst," LaPierre said. "The Second Amendment allows no line to be drawn between individuals and their firearms."

Washington Mayor Adrian M. Fenty said city officials were grateful the Supreme Court took the handguns case and believed they would ultimately prevail. Fenty, speaking at a news conference in a District office building, called it "the most important court case the District of Columbia has been involved in and possibly the most important decision a city or state has been involved in for decades."

Paul Helmke, president of the Brady Center to Prevent Gun Violence, said the Supreme Court should "reverse a clearly erroneous decision and make it clear that the Constitution does not prevent communities from having the gun laws they believe are needed to protect public safety."

Barnett, the Georgetown professor, said that even if the court decides there is an individual right to have guns, it still could determine that broad restrictions short of a ban are legal.

Such a decision won't "automatically determine the outcome of any challenge to any gun law," Barnett said.

Arguments probably will be in March, with a decision expected before the end of June. A ruling could energize people on both sides of the issue for the fall campaigns.

Republican presidential candidate Rudy Giuliani, who as New York mayor sued the gun industry for letting criminals get guns, said in a recent interview with The Associated Press that the case "is a very, very strong description of how important personal liberties are in this country and how we have to respect them."

Giuliani now says the Second Amendment gives citizens the right to own handguns and is not, as he previously argued, limited to the rights of states to maintain citizen militias.

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. That decision supported the collective rights view, but it did not squarely answer the question in the view of many constitutional scholars. Chief Justice John Roberts said at his confirmation hearing that the correct reading of the Second Amendment was "still very much an open issue."

The Second Amendment reads: "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."

Washington banned handguns in 1976, saying it was designed to reduce violent crime in the nation's capital.

The City Council that adopted the ban said it was justified because "handguns have no legitimate use in the purely urban environment of the District of Columbia."

The District is making several arguments in defense of the restriction, including claiming that the Second Amendment involves militia service. It also said the ban is constitutional because it limits the choice of firearms but does not prohibit residents from owning any guns at all. Rifles and shotguns are legal, if kept under lock or disassembled. Businesses may have guns for protection.

Chicago has a similar handgun ban, but few other gun-control laws are as strict as the District's.

Four states — Hawaii, Illinois, Maryland and New York — urged the Supreme Court to take the case because broad application of the appeals court ruling would threaten "all federal and state laws restricting access to firearms."

Dick Anthony Heller, 65, an armed security guard, sued the District after it rejected his application to keep a handgun at his home — about a mile from the court — for protection.

The laws in question in the case do not "merely regulate the possession of firearms," Heller said. Instead, they "amount to a complete prohibition of the possession of all functional firearms within the home."

If the Second Amendment gives individuals the right to have guns, "the laws must yield," he said.

Opponents say the ban plainly has not worked because guns still are readily available, through legal and illegal means. Although the city's homicide rate has declined dramatically since peaking in the early 1990s, Washington still ranks among the nation's highest murder cities.

According to the District's medical examiner, there were 177 homicides in 2006. Of those, 135 were firearm-related. In 1975, the medical examiner said that 135 of the District's 207 homicides were firearm-related, according to a Washington Post article from that era.

The U.S. Court Appeals for the District of Columbia Circuit ruled 2-1 for Heller in March. Judge Laurence Silberman said reasonable regulations still could be permitted but that the ban went too far.

The Bush administration, which has endorsed individual gun-ownership rights, has yet to weigh in on the case.

Most MSM is saying first case since Miller in 1939.

MSM wrong again.

Supreme Court Gun Cases
by Dave Kopel, Stephen P. Halbrook, Alan Korwin

Sales info here
News Media Fact Sheet
General findings

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 are listed
even if, as is often the case, the decision itself has a different focal point.
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 one.
Think of this index as a navigation tool, a memory jogger, and a good read.

• 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 [NO].

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 wife’s 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 [NO].

Allison v. United States • Ð; 1895; 160 U.S. 203; 216
Is it reasonable to believe that you’re 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 wasn’t 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 friend’s house and your adversary shows up, and in an ensuing confrontation you shoot him, can the judge instruct the jury that you’re 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 victim’s 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 felon’s 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 [YES].

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 felon’s 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 [NO].

Biswell, United States v.,; 1972; 406 U.S. 311; 361
Is the 4th Amendment violated when a federally licensed firearms dealer’s 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 you’re 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 [YES].

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 felon’s 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 person’s 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. 189; 441
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 person’s 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 for relief.]

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 [NO].

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. 245; 294
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 doesn’t 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 defendant’s 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 registration.)

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 firearms [YES].

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 arms [YES].

Knapp v. Schweitzer; 1958; 357 U.S. 371; 314
Do all the first eight amendments of the Bill of Rights apply to the states [NO].

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 [YES].

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 [NO].

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 [NO].

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 wasn’t 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 action [YES].

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; 626
Are firearms seized in a warrantless search of a paroled felon’s 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 state’s organized militia be called into federal service, for training outside the United States, without an imminent emergency and without the state Governor’s 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 Rights—such as free speech, press, religion, the right to keep and bear arms and more—and 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 [YES].

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 occurred [NO].

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 taxable [YES].

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 [YES].

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 it’s 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 [NO].

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 Constitution’s 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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