Which US Supreme Court case was the first to address the Second Amendment?

Answer 1

United States v. Cruikshank, 92 US 542 (1875)

The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.

[The Second Amendment was subsequently incorporated to the states via the Fourteenth Amendment Due Process Clause in McDonald v. Chicago, 561 US ___ (2010), in a decision released June 28, 2010.]

Answer 2

The US Supreme Court only granted certiorari for a few cases focusing on gun control after its decision in US v. Cruikshank, (1875) that gun regulation is a states' rights issue not subject to federal statutes. This decision held until 2010, when the US Supreme Court incorporated (applied) the Second Amendment to the States in the case McDonald v. City of Chicago, (2010).

United States v. Cruikshank, 92 US 542 (1875). The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.

Presser v. Illinois, 116 US 252 (1886) The Court held that Illinois had a right to regulate and control military bodies, including those engaged simply in drilling and parades, and upheld its right require a permit for such activities when firearms are involved. Reaffirmed that the Second Amendment applies only to the federal government.

Miller v. Texas, 153 US 535 (1894). The Court reaffirmed Cruikshank, but refused to hear Miller's claim that his Second Amendment rights applied under the Fourteenth Amendment on its merits because the Second Amendment question had not been preserved (was not invoked at trial and in the subsequent appeal).

US v. Miller, 307 US 174 (1939) Upheld as constitutional the 1934 National Firearms Act that regulated, taxed and required registration of certain types of firearms (in this case, a sawed-off shotgun). Required that the petitioner show evidence in remand to the trial court that the shotgun contributed to the efficiency of a "well-regulated militia."

Lewis v. US, 445 US 55 (1980) Upheld as constitutional Title VII of the Omnibus Crime Control and Safe Streets Act of 1966, prohibiting convicted felons from possessing firearms.

In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the Supreme Court denied certiorari on a US District Court case that overturned the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms. When the Supreme Court declines review of a case, the decision of the lower court is final.

In District of Columbia v. Heller, 554 US ___ (2008), the Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that a District of Columbia law requiring that guns in private homes be unloaded, disassembled and locked was unconstitutional.

The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states.

McDonald v. City of Chicago, (2010). On June 28, 2010, the US Supreme Court incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause, as a result of their decision in McDonald v. City of Chicago, 561 US ___ (2010).

For more information, see Related Questions, below.

Answer 3

United States v. Cruikshank, 92 US 542 (1875)

The US Supreme Court held that gun control regulation was a state's rights issue, and that the Second Amendment didn't apply to the states.

District of Columbia v. Heller, 554 US ___ (2008)

The Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that the District of Columbia's requirement that guns within the home be unloaded, disassembled and locked were unconstitutional.

McDonald v. City of Chicago, 561 US ___ (2010)

The Supreme Court held self-protection is a fundamental right, and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause.

For more information, see Related Questions, below.

Answer 4

The US Supreme Court last addressed the Second Amendment in the latter half of the 2009 Term, in the case McDonald v. Chicago, 561 US ___ (2010). In McDonald, the Court held self-protection was a fundamental right and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause. The decision was released June 28, 2010.