Αποτελέσματα Αναζήτησης
The decision in this case led to the Supreme Court Case New York State Rifle & Pistol Association, Inc. v. Bruen (2022) that ruled that the ability to carry a pistol in public was a constitutional right guaranteed by the Second Amendment.
The Gun Control Act of 1968 (GCA), 18 U. S. C. § 921 et seq., establishes a detailed federal scheme governing the distribution of firearms. It prohibits firearms dealers from transferring handguns to any person under 21, not resident in the dealer's State, or prohibited by state or local law from purchasing or possessing firearms, § 922(b).
Court explained, however, that “the right secured by the Second Amendment is not unlimited,” and it cau-tioned that “nothing in [its] opinion should be taken to cast doubt on longstanding prohibitions on the posses-sion of firearms by * * * the mentally ill.”
This article's study of strict construction of gun control statutes has three parts. Part II generally explains the rule of strict construction and its function as a limit on arbitrary and discriminatory enforcement. Part III describes the Gun Control Act of 1968 and the first three Supreme Court decisions interpreting the 1968 Act.
The plaintiffs alleged that the regulations, arising out of the Omnibus Crime Control and Safe Streets Act of 1968, were “unconstitutional because they infringe on the right of 18-to-20-year-old adults to keep and bear arms under the Second Amendment.”
As applied to machine guns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional.
A series of Supreme Court decisions since Heller has reaffirmed this broad understanding of gun rights under the Constitution. As a result, legislatures seeking to pass gun control measures for public safety purposes have seen their options shrink sharply.
