District of Columbia V. Heller

Argued: March 18, 2008

Decided: June 26, 2008

Roberts Court

District of Columbia V. Heller

Facts• The District of Columbia passed legislation

saying that all pistols required a license and any legal firearms had to be unloaded and disassembled or trigger locked.

• The federal court refused the to grant the plaintiffs relief saying that the 2nd Amendment applies only to the militia and not private gun ownership.

• Petitioners agreed and also argued that it should apply to District of Columbia because it is a federal enclave and not a state.

District of Columbia V. Heller

Question

• Does the D.C. code barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all legal firearms be unloaded and dissembled or trigger locked violating the 2nd Amendment rights of individuals who are not a part of any state-regulated militia but wish to keep handguns and other firearms at their home?

District of Columbia V. Heller Conclusion

• Yes, it does violate the 2nd Amendment. The court decided that the 2nd Amendment does in fact protect an individuals right to posses a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes like self-defense in ones home.

District of Columbia v. Heller

Table

Amendment Right Question

Second Amendment The right for an individual to bear arms.

Does barring registration hand guns, prohibiting carrying a pistol without a license and requiring al legal firearms be unloaded and disassembled or trigger locked violate the 2nd Amendment?

Bibliography

• The Oyez Project, District of Columbia v. Heller , 554 U.S. ___ (2008) available at: (http://oyez.org/cases/2000-2009/2007/2007_07_290)

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