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Question
the second amendment addresses the right to own firearms. the supreme court considered this right in the case of united states v. miller. read the passage about the case. then answer the question below.
in 1938, two previously convicted bank robbers were arrested for carrying an illegal sawed - off shotgun across state lines in violation of the national firearms act. the two men sued, claiming that this arrest violated their second amendment rights.
the supreme court ruled against the two men, saying they did not have a constitutionally protected right to own a sawed - off shotgun. the court gave two factors in its ruling. the first factor was that the commerce clause gives the federal government power to intervene when firearms cross state lines. second, the second amendment protects the right to own weapons that would be used in a well - regulated militia, and owning a sawed - off shotgun isnt necessary for a militia.
how was the ruling in united states v. miller significant?
it established that the government can restrict the gun rights of convicted criminals.
it established that no restrictions can be placed on an individuals right to possess a gun.
it established that the government can restrict the possession of some guns.
it established that the federal government has the power to ignore the second amendment.
To determine the significance of the ruling in United States v. Miller, we analyze each option:
- The first option claims it restricts gun rights of convicted criminals, but the ruling focused on the type of gun (sawed - off shotgun) and its relation to militia use, not just on criminals.
- The second option says no restrictions can be placed on gun possession, which is incorrect as the Court ruled against the defendants, showing restrictions can be placed.
- The third option states the government can restrict possession of some guns. The Court ruled that a sawed - off shotgun (a specific type of gun) was not protected by the Second Amendment, meaning the government could restrict its possession.
- The fourth option claims the federal government can ignore the Second Amendment, but the ruling was based on interpreting the Second Amendment (relating to militia - related weapons), not ignoring it.
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C. It established that the government can restrict the possession of some guns.