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District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637, 76 USLW 4631, 08 Cal. Daily Op. Serv. 8060, 2008 Daily Journal D.A.R. 9613, 21 Fla. L. Weekly Fed. S 497

Facts

The case arose when Dick Heller, a special police officer in Washington D.C., sought to register a handgun for self-defense in his home. The District of Columbia had strict gun control laws that prohibited handgun possession and required firearms to be kept nonfunctional. Heller's application for a handgun registration was denied, prompting him to file a lawsuit against the city, claiming that the laws violated his Second Amendment rights. The District Court dismissed his case, but the D.C. Circuit Court reversed the decision, leading to an appeal to the Supreme Court.

Respondent Dick Heller is a D.C. special police officer authorized to carry a handgun while on duty at the Thurgood Marshall Judiciary Building. He applied for a registration certificate for a handgun that he wished to keep at home, but the District refused.

Issue

Does the District of Columbia's prohibition on the possession of usable handguns in the home violate the Second Amendment?

We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution.

Rule

The Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. The Amendment's prefatory clause does not limit the operative clause, which guarantees the right to keep and bear arms. This right is not unlimited and does not protect the carrying of firearms in sensitive places or by certain individuals.

The Second Amendment provides: 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.'

Analysis

The Supreme Court analyzed the text of the Second Amendment, emphasizing that it guarantees an individual right to keep and bear arms. The Court found that the District of Columbia's total ban on handgun possession in the home effectively prohibited a class of arms that is commonly used for self-defense. The requirement that firearms be kept nonfunctional further infringed upon the core lawful purpose of self-defense. The Court concluded that the laws failed to meet constitutional scrutiny.

The Amendment's prefatory clause announces a purpose, but does not limit or expand the scope of the second part, the operative clause. The operative clause's text and history demonstrate that it connotes an individual right to keep and bear arms.

Conclusion

The Supreme Court held that the District of Columbia's handgun ban and trigger-lock requirement violated the Second Amendment, affirming the D.C. Circuit's decision.

The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment.

Who won?

The Supreme Court ruled in favor of Dick Heller, affirming that the Second Amendment protects an individual's right to possess a firearm for self-defense in the home. The Court reasoned that the District's laws effectively prohibited the possession of handguns, which are commonly used for lawful self-defense, thus violating the constitutional right to keep and bear arms. The ruling emphasized that the right to self-defense is fundamental and cannot be entirely restricted by law.

The Court held that the District's total ban on handgun possession in the home amounts to a prohibition on an entire class of 'arms' that Americans overwhelmingly choose for the lawful purpose of self-defense.

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