Second Amendment Moot Court Case

 

 

Following the massacre at Columbine High School, the Colorado Legislature passed the Schools Against Firearm Fatalities Act (SAFF—pronounced “safe act”).  The bill banned the possession of all types of firearms (from BB guns to AK-47) by Coloradoans under the age of 25 years old.   The bill also made it a felony to sell a firearm to any minor.  In addition, the bill held parents criminally liable if their child was found in possession of a gun.  And finally, any adult in Colorado that had children under 25 years old still living in the house, could not own any type of firearm.

 

Four months after the SAFF Act was passed, three separate individuals were prosecuted under the new law.  Mr. James Parent was arrested when it was learned by local police in that Mr. Parent owned several hunting rifles and still had three teenage boys living at home.  Mrs. Anita Vendor was arrested when it was learned by police that she had sold a semi-automatic pistol to Mr. Alfonso Citizen, a 23 year old construction worker. Mr. Citizen was also promptly arrested for owning a semi-automatic pistol while being under the age of 25.

 

All three were convicted of separate violations of the SAFF Act and sentenced accordingly.  All three appealed their sentences to the Supreme Court, which granted Cirt, where the appeals were combined into one case Parent et al v. State of Colorado. The attorneys representing the defendants are arguing that the SAFF Act violates the Second Amendment which guarantees a citizen the “right to bear arms.”  The attorneys for the Colorado government counter that the Second Amendment only guarantees gun rights to those who are members of a “well regulated militia” and since none of the defendants were members of any national guard, they are not protected by the Second Amendment.

 

The Second Amendment states,

 

“A well-regulated Militia being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."

 

The only time the Supreme Court ever ruled on the Second Amendment was in US v. Miller (1939) over 60 years ago.  Your decision will be the first modern interpretation of the Second Amendment.

 

Things to Consider in Your Argument:

 

  • Does the 2nd Amendment protect an individual or collective right?
  • Does the 2nd Amendment apply to the States or just the Federal Government?
  • How should the Amendment be interpreted in modern times given we have more powerful weapons today?
  • Does the 2nd Amendment protect the right to own a nuclear weapon?
  • How far can governments regulate gun ownership and not violate the 2nd Amendment? For example: Do convicted felons still have the right to own a gun?