RO Legal Framework & Constitutional Law 2 — Questions and Answers
Question 1: In District of Columbia v. Heller (2008), which specific right did the Supreme Court recognize as protected by the Second Amendment?
- The right to bear arms only in connection with militia service
- The individual right to possess firearms for traditionally lawful purposes such as self-defense within the home (Correct answer)
- The collective right of states to maintain militias
- The right to carry firearms openly in public spaces
Correct answer: The individual right to possess firearms for traditionally lawful purposes such as self-defense within the home
Heller held that the Second Amendment protects an individual right to possess firearms independent of service in a militia, particularly for self-defense in the home.
Question 2: Which federal law requires federally licensed firearms dealers to conduct background checks on purchasers?
- The National Firearms Act (NFA)
- The Gun Control Act (GCA) of 1968
- The Brady Handgun Violence Prevention Act of 1993 (Correct answer)
- The Firearm Owners Protection Act of 1986
Correct answer: The Brady Handgun Violence Prevention Act of 1993
The Brady Act mandated background checks through the National Instant Criminal Background Check System (NICS) for firearm purchases from licensed dealers.
Question 3: Under the Gun Control Act of 1968, which of the following is a 'prohibited person' who cannot legally purchase or possess firearms?
- A person with a misdemeanor traffic conviction
- A person convicted of a felony punishable by more than one year in prison (Correct answer)
- A person who has filed for bankruptcy
- A person under 25 years of age
Correct answer: A person convicted of a felony punishable by more than one year in prison
Federal law prohibits persons convicted of felonies punishable by imprisonment for a term exceeding one year from purchasing or possessing firearms.
Question 4: What did McDonald v. City of Chicago (2010) establish regarding the Second Amendment?
- States may ban handguns entirely
- The Second Amendment applies only to federal government restrictions
- The Second Amendment is incorporated against state and local governments via the 14th Amendment (Correct answer)
- Cities have broad authority to ban all firearms within their limits
Correct answer: The Second Amendment is incorporated against state and local governments via the 14th Amendment
McDonald incorporated the Second Amendment against the states through the Due Process Clause of the Fourteenth Amendment, meaning state and local governments must also respect it.
Question 5: A range officer discovers that a shooter is prohibited from possessing firearms under federal law. What is the legally appropriate response?
- Allow the shooter to continue if they signed the range waiver
- Deny range access, retain their contact information, and notify law enforcement (Correct answer)
- Confiscate the firearm on behalf of authorities
- Issue a written warning and allow one session to finish
Correct answer: Deny range access, retain their contact information, and notify law enforcement
Range officers should refuse access to prohibited persons and contact law enforcement rather than attempting to seize the weapon themselves, which could create legal liability.
Question 6: Which federal agency is primarily responsible for enforcing federal firearms laws and regulating the firearms industry?
- FBI
- DEA
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (Correct answer)
- Department of Homeland Security
Correct answer: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The ATF has primary federal jurisdiction over firearms law enforcement, licensing of dealers, and regulation of the firearms industry.
Question 7: Under federal law, what is the minimum age to purchase a handgun from a licensed dealer?
- 16
- 18
- 21 (Correct answer)
- 25
Correct answer: 21
Federal law sets the minimum age for purchasing handguns from a federally licensed dealer at 21 years old, while long guns may be purchased at 18.
RO Legal Framework & Constitutional Law 2
In District of Columbia v.
Heller (2008), which specific right did the Supreme Court recognize as protected by the Second Amendment?