How Has the Second Amendment Been Interpreted? Answer Key

Handout A: Background Essay – How Has the Second Amendment Been Interpreted?

1. In Presser v. Illinois (1886), the Court held that states could not disarm citizens, because that would interfere with the federal government’s ability to raise a militia.
2. In United States v. Miller (1939), the Supreme Court held that the Second Amendment did not protect the right to possess all types of weapons. The Court upheld a federal law that regulated sawed-off shotguns. The Court reasoned that since that type of weapon was not related to keeping up a militia, the Second Amendment did not protect the right to own it. In other words, the Second Amendment protected a right to own weapons. The question was how far that right went.
3. District of Columbia v. Heller (2008) was the first time the Supreme Court interpreted the Second Amendment in terms of what it meant for an individual’s right to possess weapons for private uses such as self-defense. The Court reasoned that the right to own weapons for self-defense was an “inherent” [natural] right of all people.

Handout B: Total Ban on Handguns?

Answers will vary.

Handout C: District of Columbia v. Heller (2008)

Answers will vary.