Court Cases
Presser Vs. Illinois (1886)
The presser vs. Illinois court case addressed how the states did not have the power to forbid people from keeping and bearing arms (“Federal”). It began when Presser was arrested for military-like exercises with armed men (“Federal”). Presser used his Fourteenth Amendment right and argued that his Second Amendment right was being violated because the states cannot keep people from bearing arms (“Federal”). The court then replied that his Second Amendment was not being violated but rather violating the protection of other people (“Federal”). In the end, Presser was ruled guilty because his second amendment was not being violated but it was prohibited to do military exercises with armed men (“Federal”).
Miller Vs. Texas (1894)
This court case refers to a Texas law that prohibited carrying weapons on a person (“Bardwell”). Miller, who was convicted of murder, wasn’t considered rights by the Supreme Court because he did not make a claim saying his fourteenth amendment right had been violated in his previous trial (“Bardwell”).
United States Vs. Miller (1939)
James Bardwell wrote “The case was in 1939 and was based on the second amendment right. This is the only Supreme Court case where the court examined whether the 2nd amendment inhibits the feds from regulating guns, in this case the NFA regulation.” The story was about two men, that had transported a sawed off shotgun through the south, and were charged by the district court for violating the NFA (“Bardwell”). The men won their case, claiming that it violated a second amendment right, and fled (“Bardwell”). The government, not satisfied, pursued an appeal. As another court case occurs, Miller and his partner fail to represent themselves (“Bardwell”). The court then decides the law does not violate the second amendment because the sawed off shotgun is considered a “militia weapon” (“Bardwell”).
Lewis Vs. U.S. (1980)
In 1980, another court makes it to the Supreme Court. The case appeals that prohibiting a felon from possessing firearms does not violate the second amendment (“Bardwell”). “The case itself is over whether a felony conviction that is arguably void because it was obtained w/o appointed counsel for the defense, still makes one a felon, and thus makes it illegal for that person to possess a firearm.” Says James Bardwell. The court rules that it does make it illegal to possess a firearm (“Bardwell”).