Assume that the Supreme Court decides in McDonald that the Second Amendment applies to the states. Consistent with Heller, which of the following would be prohbited by the Second Amendment:
(A) A state flatly prohibits residents from possessing firearms. Garber possesses a gun in his home, allegedly for self-defense. (Easy, huh? Clear Second Amendment violation, right?)
(B) A state prohibits residents from possessing firearms in vehicles. Garber lives in his motor home and possesses a gun therein, allegedly for self-defense. Second Amendment violation?
(C) A state prohibits residents from possessing firearms in vehicles. Garber lives in his motor home and possesses a gun therein, allegedly for self-defense, and drives his son to school (or a park) in his motor home. Second Amendment violation?
(D) Garber goes to play a recreational softball game in a state-sponsored tournament on state property. He openly carries a gun, allegedly for self-defense. The umpire, a state employee, refuses to umpire a game in which one of the participants carries a weapon. Second Amendment violation?
(E) Would your answer to (A) through (D) be any different if the "state" in question was the District of Columbia (so Heller applies directly)?
Consider it a law school exam. You have 60 minutes. Begin.
