2nd Amendment SDP Flashcards Preview

Con Law-DJ > 2nd Amendment SDP > Flashcards

Flashcards in 2nd Amendment SDP Deck (23):
1

Due process protects

fundamental rights and liberties

2

How can you tell if its a fundamental right/liberty

. Deeply rooted in this nation’s history and tradition and implicit in the concept of ordered liberty and the right must be carefully described. .

3

Due Process right must be : (2)

1. Deeply rooted in this nations history and tradition and implicit in the concept of ordered liberty
2. careful description of the right.

4

fundamental right to bear arms is

qualified fundamental rkight

5

states cant restrict rights of...

felons and mentally ill

6

the limitations must be

supported by historical tradition

7

states are also able to limit

carrying of dangerous and unusual guns

8

states hand gun bans are:

no good becuase it aound to a prohibition of an entire class which is central purpose is defnese of the home

9

the the qualified fundamental right regarding 2A is

have guns in the home for self defense (Againt can limit mentally ill/felons

10

state can regulate 2a for

safety

11

what scrutiny goes 2a get

intermediate scrutiny

12

intermediate scrutiny is

1. Important governmental objective and 2. law was substanitally further objective

13

Intermediate- overly broad/udner inclusive

is ok

14

way overly broad

probably not ok

15

SS overly broad/under inclusive

fatally flawd

16

does state provide reason under intermeidate scrutiny

nope. one provided has to be good.

17

can a state limit possession of a gun by age (14)

yes- age gets rb

18

intermediate gets brought up for

2a, gender, mental retardation, illegiticmacy

19

outisde circle

adulterous parent, and assisted suicide

20

gun laws that have pased I/S

certain weapons, limiting magazines

21

load limits

havent pased

22

heller gave us

individual right, not collecive, core protection for home defense, permits longstanding prohibitions

23

runing a gun shop out of town

isnt a legit gov function