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Guns and Freedom terms
The Second Amendment and individual liberty.
Constitutional carry A state law that lets people legally carry a handgun without a permit, usually if they are otherwise eligible to own one. District of Columbia v. Heller The 2008 Supreme Court ruling that the Second Amendment protects an individual right to keep a handgun at home for self-defense. History and tradition test A method for judging a law by whether it fits the nation's historical practice, used in Second Amendment and some other constitutional cases. New York State Rifle & Pistol Association v. Bruen The 2022 Supreme Court ruling striking down New York's discretionary concealed-carry licensing and setting a history-based test for gun laws. Assault weapons ban A law prohibiting the sale or manufacture of certain semi-automatic firearms defined by cosmetic or functional features; the federal ban expired in 2004. Ghost gun A firearm assembled from parts or kits and lacking a serial number, making it difficult for law enforcement to trace. National Firearms Act A 1934 federal law that taxes and registers machine guns, short-barreled rifles and shotguns, suppressors and other specified firearms. National Instant Criminal Background Check System The FBI system used by licensed firearm dealers to check whether a buyer is legally barred from owning a gun. Red flag law A law allowing a court to temporarily remove firearms from a person shown to pose a danger to self or others. Universal background checks A proposal requiring a background check for nearly all firearm sales, including private transfers not handled by licensed dealers. Castle doctrine A legal principle that people may use force, including deadly force, to defend themselves against intruders in their own home without a duty to retreat. Duty to retreat A self-defense rule requiring a person to retreat safely, if possible, before using deadly force outside the home. Shall-issue and may-issue permits A permit system in which authorities must grant a carry license to applicants who meet objective criteria, as opposed to discretionary may-issue systems. Stand-your-ground law A state law allowing people to use force in self-defense wherever they are lawfully present, without first having to retreat. Brandenburg test The Supreme Court standard protecting advocacy of illegal action unless it is meant and likely to cause imminent lawless acts. Cancel culture The practice of withdrawing support from or publicly shaming people or institutions deemed to have said or done something offensive, a contested label. Compelled speech The First Amendment principle that the government generally cannot force people to express messages they disagree with. Prior restraint Government action that blocks speech or publication before it occurs, treated by courts as the most disfavored form of censorship. Public forum doctrine The First Amendment framework that sets how much government may limit speech on public streets, parks and other government property. Viewpoint discrimination Government regulation of speech that targets the perspective expressed, treated as an especially serious First Amendment violation. Conscience clause A law protecting individuals and institutions from being forced to take part in activities they find morally or religiously objectionable, often in health care. Establishment Clause The First Amendment clause barring Congress from making any law respecting an establishment of religion. Free Exercise Clause The First Amendment clause protecting individuals' freedom to practice their religion without government interference. Lemon test A former three-part Supreme Court test for Establishment Clause cases, now said to have been abandoned. Ministerial exception A legal doctrine that bars courts from applying employment-discrimination laws to a religious group's choice of its ministers. Religious Freedom Restoration Act A 1993 federal law, with state counterparts, that requires the government to justify substantial burdens on religious exercise by meeting strict scrutiny. Religious liberty The freedom to hold and practice religious beliefs, protected by the First Amendment and a range of federal and state laws. Separation of church and state The principle that government and religious institutions should be kept distinct, whose meaning and limits are contested. Homeschooling Education of children at home by parents or tutors rather than in a public or private school, legal in every U.S. state. Parental rights The principle that parents hold primary authority over the upbringing, education and health decisions of their children, a recurring issue in schools. Civil asset forfeiture A legal process by which government seizes property it alleges is connected to a crime, without necessarily charging or convicting the owner.