The Supreme Court votes 5 to 4 to
strike down a
Washington, D. C. ban on the private possession of handguns.
Justice Scalia authors majority opinion.
In District of Columbia v.
Heller (2008) the Court considered the following question: Do
D.C. Code Section 7-2502.02(a)(4), which generally bars the
registration of handguns; Section 22-4504(a), which bars carrying a
pistol without a license; and Section 7-2507.02, which requires that
all lawfully owned firearms be kept unloaded and disassembled or
bound by a trigger lock, violate the Second Amendment rights of
individuals who are not affiliated with any state-regulated militia,
but who wish to keep handguns and other firearms for private use in
their homes?
The Court concluded that the Second Amendment does establish an
individual right to keep and bear arms for self-defense and
hunting. The Court concluded that the D.C. gun ban could not
stand. At the same time, the Court recognized that the government
can regulate gun rights. The Court said its decision should not be
interpreted to question the right of government to: prohibit felons
and the mentally ill from owning weapons, prohibit guns in schools
or public buildings, ban certain categories of guns not commonly
used for self-defense, and to establish certain other conditions on
gun ownership.