Talk:Firearm case law in the United States

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Contents

[edit] Haynes v. United States

This page should probably have a section on Haynes v. United States. While Haynes does not relate to the Second Amendment, it does relate to firearms. —Preceding unsigned comment added by 4.240.15.246 (talk) 13:18, 3 March 2008 (UTC)

[edit] Update Needed

To reflect the current case in the supreme court, i think parts of this page are in need of an update. —Preceding unsigned comment added by 172.129.90.253 (talk) 07:28, 26 March 2008 (UTC)

[edit] Text of the Second Amendment

Didn't want to nitpick, but the text of the Second Amendment was incorrect. What I mean is, while the text was correct, there were several pieces of punctuation missing.

The text, as now edited, matches the Second Amendment as recognized by the National Archives. http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html


[edit] US v. Stewart

Somebody added United States v. Stewart to the section "Circuit Court cases relating directly to the Second Amendment." This is inappropriate because United States v. Stewart has nothing to do with the Second Amendment, it has everything to do with the commerce clause. It was therefore already listed on the page under "Firearm laws challenged on the Commerce Clause" and should remain listed there. It should certaily not be listed twice. Wodan 12:13, May 6, 2005 (UTC)

[edit] Other government comments on the matter

This section was removed earlier. However, the comments by the legislative and executive branch (Senate and DOJ) in relation to interpretation of law is very important in relation to how courts interpret the same laws. The two cannot be separated. It is important to show which courts agree with the legislative and executive branch, and which courts do not. Wodan 17:59, 8 December 2005 (UTC)

  • I disagree. The article is called "Firearm case law". Opinions of a Senate subcommittee, an Executive department, or even the President, about the 2nd amendment, while interesting, are not "case law". Also, this information is already at Second Amendment to the United States Constitution, which has a large section about various interpretations of the 2nd amendment. --JW1805 (Talk) 19:10, 8 December 2005 (UTC)
  • Also, you reverted other changes to the article that had been made since. --JW1805 (Talk) 19:16, 8 December 2005 (UTC)

[edit] United States v. Rock Island Armory

short question:

What exactley does this mean? I'm having trouble understanding the implications of this case, is the 1934 NFA therefore invalid? Is the 1986 invalid? (Monkey 32606 02:35, 14 December 2005 (UTC))

The 1934 National Firearms Act was centered around ATF tax stamp registration of certain firearms. The 1986 Firearm Owners Protection Act law made it generally illegal to possess automatic firearms manufactured after May 19, 1986. Therefore the ATF does not allow the tax stamp registration of those firearms, since they are illegal to begin with. The court ruling said that you could not be prosecuted for violations of the 1934 laws of tax stamp requirements for post-86 automatic firearms. Since the ATF does not accept registrations for automatic firearms manufactured after May 19, 1986 anyway, how can you be held responsible for their registration? In short, you cannot be prosecuted for violation of both the 1934 law AND the 1986 law. Pre-86 automatic firearms are accountable to the 1934 NFA law, and post 86 autoamtic firerarms are accountable to the 1986 law. To put it another way, the 1934 NFA tax law is invalid for automatic firearms manufactured after May 19, 1986, since they are just flat out illegal to possess. Wodan 17:46, 31 December 2005 (UTC)
But I thought that this Court ruled the 1986 prohibition unconstitutional, because there was no revenue purpose? There doesn't seem to be a lot out on this case, or who Rock Island Armory is, or what happened to them. I'm trying to search them on the Internet, to little avail. Cornince (talk) 21:09, 26 March 2008 (UTC)

[edit] Presser v. Illinois

This one was listed under a State Supreme Court section, for Illinois. It actually went on to the US Supreme Court (1886). Corrected this listing, and moved it up to the Supreme's section. Yaf 21:14, 8 March 2006 (UTC)

The point of this case was missed...and that point is that the Court held that 2nd Amendment only applied to the federal Congress and not the states. This is still true today. Each state is free to regulate gun ownership. The 2nd Amendment has not yet been incorporated through the 14th Amendment to apply to the states. This page appears to be written mostly by "gun enthusiasts" without legal training. The holding in Miller is also distorted as is the status of circuit courts. More than 2 Circuits follow the collective rights model. Virtually every Circuit except the 5th and the DC Circuit have followed Miller to hold that the right is is a collective right. In fairness this is a messy issue that the courts are still struggling with but the current article is not accurate.

[edit] This one?

http://www.evannappen.com/lawupdate1gunbook/

Should that court's opinion be included in this article? CeeWhy2 21:41, 25 March 2007 (UTC)

I think not. The article has a section for state supreme court cases, but this is not even an appellate case, so it's not binding precedent for anyone. Let's see what happens on appeal. PubliusFL 05:47, 26 March 2007 (UTC)

[edit] United_States_v._Thompson-Center_Arms_Company

Should this be included? [1] 130.20.229.174 23:29, 23 May 2007 (UTC)

[edit] NPOV

This page is riddled with errors and is blatantly NPOV. To talk in the intro about how Salina conflicts with Presser is ludicrous since Salina was addressing the state constitution and Presser dealt with the non-incorporation of the 2Am to the states. And to say that since then, case law has gone back to what was "originally intended" is very partisan on the issue.Harvardgirl33 (talk) 16:20, 18 March 2008 (UTC)

I agree. SaltyBoatr (talk) 17:18, 18 March 2008 (UTC)