Mark Tomas Regan v. Massachusetts
DueProcess FifthAmendment SecondAmendment
Whether the right to keep and bear arms, due process, double jeopardy, and licensure requirements prohibit retrial of a defendant on firearms possession charges where the prosecution failed to prove absence of licensure beyond a reasonable doubt
1. Whether the right to keep and bear arms protected by the Second Amendment, the right guaranteed by the Due Process Clause of the 14% Amendment to be free | from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the charged crime, and the right to be free from multiple prosecutions for the same offense guaranteed by the Double Jeopardy Clause of the Fifth Amendment, prohibit retrial of a defendant on charges of unlawful possession of firearms and ammunition, where the prosecution failed to prove beyond a reasonable doubt the essential element of absence of licensure at the defendant’s trial. 2. Whether District of Columbia v. Heller, 554 U.S. 570 (2008), McDonald v. : | Chicago, 561 U.S. 742 (2010), and the Due Process Clause of the Fourteenth | Amendment, demand that licensure is an essential element of unlawful possession of a firearm and ammunition in one’s own home, where state law criminalizes | possession of a firearm and ammunition without a license.