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Why does the US Supreme Court focus primarily on the nature of the gun used in the crime and not the nature of the crime using the gun?
I'm not sure this question has a basis in reality, since the US Supreme Court has not routinely addressed the nature of gun use, nor the nature of the crime using the gun. You may be thinking of Congress, the legislative body that writes and passes federal laws. The US Supreme Court is responsible for determining whether laws challenged in court conform with the Constitution.
The Supreme Court has only granted certiorari for a few cases focusing on gun control since its decision in US v. Cruikshank, (1875), that gun regulation is a states' rights issue not subject to federal regulation.
In Parker v. District of Columbia, (2007), the Supreme Court upheld a US District Court decision overturning 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.
In 2008, the US Supreme Court upheld Second Amendment protection in the case District of Columbia v. Heller, 554 US ___ (2008), by striking down a District of Columbia law that unconstitutionally restricted the use and storage of legally owned guns.
The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states, which are not currently bound by the Second Amendment (an unincorporated Amendment; see Related Questions for more information).
McDonald v. City of 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.
For more information, see Related Questions, below.
What else can I help you with?
Why would the trial not be held in the supreme court of Canada if the prime minister of Canada was assassinated?
If the Prime Minister of Canada were assassinated, the trial would not be held in the Supreme Court of Canada because the Supreme Court primarily serves as an appellate court rather than a trial court. Such a case would likely be prosecuted in a lower court, like a provincial superior court, where serious criminal cases are typically tried. The Supreme Court may become involved later if there are appeals regarding decisions made in the lower court. Additionally, the nature of the crime could prompt special considerations regarding jurisdiction and media coverage.
What happens if a Supreme Court justice commits a crime?
If a Supreme Court justice commits a crime, they can be impeached by the House of Representatives and tried by the Senate. If found guilty, they can be removed from office.
What happens if there is no supreme court in India?
there will curruption crime robery etc.
How many continuance can criminal get before going to trial?
You can only be tried once for a crime however if you think there was something that went wrong then you can appeal until your state's supreme court and then THE Supreme Court
Did the Canadian Supreme Court rule the Bible as hate speech?
The Supreme Court of Canada has ruled that Biblical speech opposing homosexual behavior, including in written form, is essentially a hate crime.
what did the supreme court decide in Miranda VS Arizona ?
people accused of a crime must be informed of their rights
When a crime takes place outside of a state such as on a ship at sea who defines or punishes piracies and felonies?
The Supreme Court does.
What did the supreme court strike down in roe vs wade?
A Texas law the made abortion a crime
A man accused of crime in court has a right to what?
The right to remain silent, which is proved through the US Supreme Court Case Miranda v. Arizona. He has the right to an attorney. He has the right to a jury of his peers.
Was Leah Ward Sears the first African-American woman judge of the Supreme Court?
Leah Ward Sears was the first African-American woman to serve as Chief Justice on a supreme court in the United States. She presided over the Georgia Supreme Court from 2005-2009, and is considered to have potential as a future US Supreme Court justice. Sears retired from the Supreme Court in June 2009 and entered private practice as a partner in the Atlanta office of Schiff Hardin. She has a special interest in white collar crime.
Do people in Texas kill retarded people?
The Supreme Court has ruled it is unconstitutional to EXECUTE ( for a capital crime) a mentally retarded person.
Will you ever see a murder trial in the US Supreme Court?
No. The US Supreme Court only exercises appellate jurisdiction over criminal cases originating in the state and federal court systems; they do not hold trials. The federal court of original jurisdiction (trial court) for a murder case would be the US District Court overseeing the territory in which the crime occurred.
