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OnDemandView Demo

Gun Control and Due Process: Heller's Footnote #26


Credit(s): 1 Substantive CLE
Original Program Date: October 19, 2016
Duration: 58 minutes
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Category: Constitutional Law, Jenkins Law Library Classes
Category: Constitutional Law, Jenkins Law Library Classes (show less)

 

In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court labeled the traditional regulation of the Right to Keep and Bear Arms (RKBA) as “presumptively constitutional”.  These are the regulations relating to person, place and thing: who is prohibited; what is prohibited and where is it prohibited.  The list was given as illustrative, not exhaustive.  Presumptions are rebuttable.  In McDonald v. Chicago, 561 U.S. 742 (2010), the Supreme Court held the 2nd Amendment RKBA binding on individual states and entitled to due process protections.  The issues are in play.  The courts are deciding these challenges to presumptively constitutional regulations cases now.

1 Substantive CLE  

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