Court cases dealing with judicial review and the 2nd amendment
Title: Court cases dealing with judicial review and the 2nd amendment
Category: /Law & Government
Details: Words: 986 | Pages: 4 (approximately 235 words/page)
Court cases dealing with judicial review and the 2nd amendment
Category: /Law & Government
Details: Words: 986 | Pages: 4 (approximately 235 words/page)
Printz v. United States
Argued-1996, Decided-1997
Necessary and Proper clause, article 1
The Brady Handgun Violence Prevention Act obligated local officers to perform background checks on people that wanted to buy a gun, until the Attorney General has a federal system for it. Sheriffs Jay Printz and Mack, confronted the constitutionality of this provision of the Brady Bill on behalf of CLEOs in Montana and Arizona. District Courts, in both cases, found the background checks to
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Firearms Arm of 1934 (NFA '34). They argued that the NFA'34 violated the 2nd Amendment. The District Court ruled that NFA'34 was unconstitutional and the Supreme Court then reviewed the case. The Court had to decide whether the NFA'34 was unconstitutional. The Supreme court ruled that a short barreled gun was not a "militia" firearm. The Court declared that ownership of a firearm could be restricted if, it had no connection to military or milita activity.