LSTD 301 American Military University LSTD 301 W4: 2nd Amendment – My Right to Bear Arms! – Description
Tedd Petterson is a 43-year-old husband, father, and a proud gun owner who has multiple handguns, shotguns, and two automatic weapons. (In this case, an automatic weapon is defined as a firearm that continuously fires so long as the user presses the trigger and there is ammunition in the gun.) Tedd has no criminal record. When he was 16 years old, he lost both parents in a tragic car accident. Based on such, he had a mental breakdown resulting in a year-long institutionalization. Tedd lives in the fictitious state of Varneyland, where he works as a College Professor and is the Head Coach of the Rifle Team at the university.On a sunny morning in a neighboring state, a man with a history of mental illness entered an elementary school and killed 3 teachers and 10 students with an automatic assault rifle. In response to this shooting, many states across the country, including Varneyland, passed legislation requiring the registration of all automatic weapons. As part of the registration process, those seeking to register their automatic weapons are required to submit to a mental health background check.In filling out the application to register his automatic weapon, Tedd revealed his prior institutionalization, but also stated that he has not had any mental health issues since he was a teenager. When the State of Varneyland conducts Tedd’s mental health background check, it uncovers that Tedd had a diagnosis of major depression with suicidal tendencies. Tedd’s mental health records also reveal a history of self-harm.Based on the review of Tedd’s mental health records, Varneyland denies Tedd’s application to register his automatic weapons and sends Tedd a letter demanding that he forfeit his automatic weapons or risk criminal and civil penalties. Because Tedd refuses to hand over his automatic weapons, the state police arrest him and charge him with possession of an unregistered automatic weapon (a felony crime under Varneyland law).At his criminal trial, Tedd argues that the registration requirements and his subsequent arrest are violations of his Second Amendment rights. He presents a letter from his doctor stating that he currently has no mental health issues. Please note that the recent Second Amendment case law is described in the Week 4 Content section of the classroom. Please be sure to specifically discuss recent case law and how it affects Tedd’s case. Based on such recent case law, do you think that Tedd’s arguments possess any merit? Please note that your answers have nothing to do with your personal feelings, thoughts or experiences with these issues. Your answers are to be based purely on the law, specifically precedent set by case law.
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