Deck 6: The Second Amendment: the Gun Control Controversy

Question 1

According to the text, which of the following is not a primary reason that the antigovernment movement has grown rapidly since 2008?

A) the struggling economy
B) changes in the U.S. demographics due to immigration
C) the election of this country's first African American president
D) the fear of terrorist attacks from abroad, similar to the September 11, 2001, attacks

Answer 1

D

Question 2

The significance of Presser v. Illinois (1886) is found in the ruling that the Court refused to incorporate the Second Amendment into which other Amendment?

A) the First Amendment
B) the Fourth Amendment
C) the Sixth Amendment
D) the Fourteenth Amendment

Answer 2

D

Question 3

During the colonial period and the country's earliest years, a permanent army was not possible because of which of the following reasons?

A) There was no central government to implement a formal army.
B) There was not adequate funding or manpower.
C) Formal armies were not viewed as productive for the rural fighting of the Revolutionary War.
D) The attitude of colonists was not favorable toward an armed, formal military power.

Answer 3

B

Question 4

Which of the following is false in regard to precedents set in District of Columbia v. Heller?

A) The Court held that Second Amendment rights apply to arms not in existence at the time of the ratification of the Second Amendment.
B) The Court limited Second Amendment protection to arms only useful in war.
C) The Second Amendment extends to all instruments that constitute bearable arms.
D) The ruling affected only the federal government and Washington, D.C., (by virtue of its federal nature) because, at that point, the Second Amendment had not yet been incorporated.

Question 5

States' rights proponents assert that:

A) everyone in the state has a right to keep and bear arms.
B) gun control should not be the business of the federal government.
C) the Second Amendment was adopted with the primary purpose of preserving the state militia.
D) gun control laws protect and modify Article 8, Section 23 of the Constitution, allowing the president to declare war on other nations.

Question 6

The Supreme Court held that "the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense" in:

A) Adams v. Williams.
B) Presser v. Illinois.
C) McDonald v. Chicago.
D) U.S. v. Lopez.

Question 7

Which of the following gives one the legal right to use deadly force to defend their place of residence, and any other innocent persons legally inside it, from violent attack or an intrusion that may lead to violent attack?

A) the Fourth Amendment
B) the Brady Act
C) castle laws
D) the Second Amendment

Question 8

In September 1994, what law did Congress pass and President Clinton sign into effect that banned the manufacture of 19 different semiautomatic guns with multiple assault-weapon features, as well as copies or duplicates of such guns, because such weapons served no legitimate sporting or hunting purpose?

A) the Violent Crime Control and Law Enforcement Act
B) the Brady Bill
C) the NICS Improvement Amendments Act
D) the Denying Firearms and Explosives to Dangerous Terrorists Act

Question 9

The first notable claim regarding the Second Amendment to the Constitution came in 1875 in the case of:

A) United States v. Miller.
B) United States v. Cruikshank.
C) United States v. Stevens.
D) District of Columbia v. Heller.

Question 10

Which of the following is not one of the titles given to laws designed to protect citizens against any criminal charge or civil suit if they use force, including deadly force, against an invader of their home?

A) Make My Day laws
B) Stand Your Ground laws
C) the Castle Doctrine
D) Personal Protection laws

Question 11

The mandatory waiting period provision of the Brady Act was phased out in 1998 and replaced by which computerized background check system?

A) the Department of Health and Human Services Human Protection Portal
B) the National Instant Criminal Background Check System
C) the Terrorist Screening Database
D) the National Incidence Based Reporting Systems

Question 12

What was the significance of the Federal Firearms Act passed in 1938?

A) It required firearms importers and dealers shipping firearms across state lines to be licensed by the federal government.
B) It required all firearm distributors to record names and addresses of those purchasing firearms in the United States.
C) It required that possession of firearms by convicted felons was unlawful.
D) It confirmed the ruling by Congress that banned the purchase and sale of all fully automatic weapons.

Question 13

The first time the Court had ruled that the Second Amendment protects an individual right to own guns was in this landmark case.

A) District of Columbia v. Heller
B) United States v. Stevens
C) Pennsylvania v. Cruikshank
D) United States v. Miller

Question 14

The purpose of the Brady Act is to:

A) limit the number of firearms on American streets at any given time.
B) prevent prohibited persons from obtaining handguns.
C) ensure that those obtaining firearms receive training in proper use and storage of their weapons.
D) prevent accidental injury or death by firearms.

Question 15

Dylann Roof, the 21-year-old accused of murdering nine people in a South Carolina church on June 17, 2015, was able to buy a .45-caliber pistol because:

A) his prior crimes were not properly entered into the criminal records databases used for background checks.
B) his age restricted him from being considered for criminal record background checks.
C) while he had been on a "no-buy" list for roughly two years, he was removed after he was no longer deemed a threat by the FBI.
D) drug charges are not considered offenses that prohibit the purchase of firearms under federal law.

Question 16

The Second Amendment of the Constitution protects which of the following freedoms?

A) the right to bear arms
B) the right to an attorney
C) the freedom of speech
D) the right to a speedy trial

Question 17

What 1934 act was the first effort at federal regulation of the Second Amendment right to bear arms?

A) the National Firearms Act
B) the Brady Bill
C) the Gun Control Act
D) the Safe Streets Act

Question 18

During the colonial period, the militia was considered to be:

A) the Continental Army.
B) all enlisted Minutemen.
C) the entire male populace of a state.
D) the entire national population.

Question 19

In United States v. Lopez (1995), the Supreme Court held (5 to 4) the federal law banning guns near schools to be unconstitutional, effectively striking down which act?

A) the Safe Schools Act
B) the Gun Free School Zones Act
C) the Right-to-Carry Act
D) the Castle Act

Question 20

In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second Amendment applies to:

A) illegal immigrants.
B) private individuals.
C) the states.
D) certain misdemeanants.

Question 21

The Supreme Court has ruled that the federal law that bars gun ownership by convicted felons does not apply to those convicted in foreign courts.

Question 22

Castle laws are passed by states, and as of 2015 all states have adopted some form of a castle law.

Question 23

Which of the following is false in regard to the Law Enforcement Officers Safety Act?

A) It allows a qualified law enforcement officer or a retired qualified law enforcement officer to carry a concealed firearm in any jurisdiction in the United States.
B) All qualified law enforcement officers are free to disregard all but two state and local laws that govern the carrying of concealed firearms.
C) The International Association of Chiefs of Police strongly supported the act because it increased public and police officer safety national-wide.
D) Since the Act was established, many states and police departments have struggled to comprehend and implement the law, partly because of the unclear language included regarding who is qualified.

Question 24

Whether or not something is defined as a "bearable arm" is important, because only those designated as such are afforded Second Amendment protection.

Question 25

The U.S. firearm homicide rate is about 20 times higher than the combined rates of 22 countries that are our peers in wealth and population.

Question 26

The constitutionality of the Brady Act continues to be challenged.

Question 27

In 1967, Congress passed the Omnibus Crime Control and Safe Streets Act, a portion of which made:

A) possession of firearms by convicted felons illegal.
B) the interstate transportation of firearms illegal without a dealer or distributor's license.
C) the sale of a handgun illegal without a federal background check before the purchase.
D) a mandatory 7 to 10 day waiting period before the purchase of a gun.

Question 28

The NICS Improvement Amendments Act (NIAA) of 2007 is most known for strengthening the NICS by increasing the quantity and quality of relevant records from federal, state, and tribal authorities.

Question 29

Between 1993 and 2011, what percentage of homicide deaths in the United States were committed with the use of a firearm?

A) 45
B) 60
C) 70
D) 85

Question 30

The Supreme Court has repeatedly denied certiorari in cases in which the individual right to bear arms is at issue.

Question 31

In contrast to "castle" and "stand your ground" laws, some states require a person to retreat from the threat before they resort to deadly force.

Question 32

In 1994, Congress passed and President Clinton signed into law the Violent Crime Control and Law Enforcement Act. One of the things this law prohibits is the possession of firearms by people who have committed domestic abuse.

Question 33

Michael Heise, an unemployed 33-year-old former account manager, decides to purchase weapons from a local firearms dealer and sell them to two former friends with criminal records, who are unable to clear federal background checks. According to the text, this purchase by Michael is considered a:

A) straw purchase.
B) standing order purchase.
C) Helmke purchase.
D) third-rail purchase.

Question 34

The Gun Control Act required the registration of "destructive devices," including cannons, antitank guns, and bazookas.

Question 35

The Protection of Lawful Commerce in Arms Act of 2005 prohibited lawsuits against gun manufacturers and dealers (and others) for damages resulting from the use of their products.

Question 36

Federal regulation of firearms possession was virtually nonexistent for more than 140 years after ratification of the Bill of Rights.

Question 37

On November 30, 1993, President Bill Clinton signed the Brady Handgun Violence Prevention Act. The act was named after Jim Brady, who:

A) was director of the FBI and helped pass the United States' first gun safety laws.
B) was shot during an assassination attempt on former president Ronald Reagan.
C) a retired gun maker known for increasing safety procedures on new models of handguns.
D) created the computerized National Instant Criminal Background Check System.

Question 38

In Printz v. United States, the Court found that the background check provision did not violate the principle of separate state sovereignty.

Question 39

During colonial times, if militia members were called to service, they were to bring their own arms and ammunition.

Question 40

Due to recent decisions by the Court, states no longer retain the right to impose stricter regulations related to firearms than those required by the federal government.

Question 41

Individuals to whom, under the Gun Control Act, selling a firearm is forbidden are referred to as ________________.

Question 42

In 1968, after the assassinations of President John F. Kennedy, the Rev. Martin Luther King, Jr., and Senator Robert Kennedy, the _________________ was passed.

Question 43

_______________ are statements by a court that do not deal with the main issue in the case or are an additional discussion by the court.

Question 44

rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.

Question 45

In 1967, Congress passed the _______________________ Act, a portion of which made possession of firearms by convicted felons unlawful.

Question 46

In McDonald v. Chicago, the Supreme Court applied the Second Amendment to the states, recognizing a person's right "to keep and bear arms for the purpose of______________________________."

Question 47

As of 2010, an estimated 300 million firearms were privately owned by civilians in the United States.

Question 48

According to the Brady Campaign to Prevent Gun Violence, a gun in the home is about 22 times more likely to be used to kill or injure in domestic homicide or suicide than to be used in self-defense.

Question 49

Firearm homicide is the number one leading cause of death for young people ages 1 to 19 in the United States.

Question 50

Even though violent crime in the United States has declined sharply since the 1990s, the nation still endures far higher homicide rates than do other countries.

Question 51

The Second Amendment protects an individual's right to possess a functional handgun in the home and to use it for traditionally lawful purposes, regardless of any connection to the militia, which was supported in the landmark case of ______________________.

Question 52

Since the passage of the Brady Bill, an estimated 5.5 million people have been blocked from purchasing a gun due to a positive hit on a background check for being on a terrorist watch list or for being a convicted felon.

Question 53

In Presser v. Illinois (1886), the Court refused to______________________________the Second Amendment into the Fourteenth Amendment.

Question 54

A ______________ is a request that a suit be dismissed because the facts do not sustain the claim against the defendant.

Question 55

The ______________________, found in Article 1, Section 8, Clause 3 of the U.S. Constitution, provides the legal foundation for much of the federal government's regulatory authority, including firearms.

Question 56

Some activist groups argue that a(n)_______________citizenry is the best defense against tyranny.

Question 57

The shooting death of 17-year-old Trayvon Martin by George Zimmerman occurred in Florida, a state where shooting is justifiable as self-defense provided that the person feels "threatened" or no longer has an obligation to retreat based on __________________ laws.

Question 58

Two opposing interpretations of the Second Amendment have clashed in past decades and have revolved around the phrasing of this amendment into two parts: the_______________identifies the action to be taken or prohibited.

Question 59

The Second Amendment of the U.S. Constitution reads: "A well-regulated_______________being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Question 60

_____________________ are legal claims, based on English common law, that designate a person's place of residence as a place in which the person enjoys protection from illegal trespassing and violent attack.

Question 61

Your governor is getting ready to sign a new law in your state, called the "Constitutional Right to Carry Act," that will eliminate the state's permit and training requirements for citizens who want to carry guns. This means that a resident of your state who wants to carry a weapon, concealed or otherwise, can do so without a background check or a gun safety test. Balancing the right to bear arms against the need to control gun violence, present a brief opinion on the advisability of such a law.

Question 62

Discuss the historical background of the Second Amendment.

Question 63

A set ending time for legislation that is not renewed, to prevent old law from remaining on the books, is known as the______________________________.

Question 64

Explain the role the Supreme Court has taken in deciding if convicted felons and others who may impose a fear of danger may possess firearms.

Question 65

Explain the Second Amendment's current status, and how that status affects laws relating to gun ownership.

Question 66

Discuss the two opposing interpretations of the Second Amendment that have clashed over the years. In light of current rulings, has either side won?

Question 67

An illegal transaction in which a buyer uses an intermediary to purchase a firearm from a licensed dealer and then sells the weapon to an individual who cannot legally buy guns is known as a __________________.

Question 68

Explain the current political environment in regard to Second Amendment laws in the United States.

Question 69

The purpose of the_______________  is to prevent prohibited persons from obtaining handguns.

Question 70

The Supreme Court ruled, in 2014, that making a false statement in relation to the purchase of a firearm is still a violation of federal law in the case of ________________________.

Question 71

Explain the findings of the Brady Campaign to Prevent Gun Violence in the United States.

Question 72

Discuss the Brady Act.

Question 73

Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004. What are some concerns about the legislation?

Question 74

The Law Enforcement Officer's Safety Act allows______________________________ active and retired law enforcement officers" to carry concealed weapons anywhere in the U.S.

Question 75

Gun-control advocates, including the Brady Campaign to Prevent Gun Violence, have criticized the Stand Your Ground laws that have been passed in many states. These laws expanded the definition of justifiable self-defense and provide that anyone claiming to feel threatened no longer has an obligation to retreat or avoid use of deadly force. Assume you are defending a woman accused of shooting a young girl who knocked on her front door late at night. Your client had heard about break-ins in the local area over the television news and thought she was about to be robbed. The girl at the door was actually looking for help because her car had become stuck in a snowbank at the foot of your client's driveway. Based on these facts and any reasonable fact you can add to the scenario, how would you convince a jury that your client should not be convicted of shooting the young girl? Assume you are successful in your argument and it appears that you have convinced a jury your client was in fear. If the fear needs to be a reasonable one, how would the prosecutor counter your argument most effectively?