This case is one that concerns the Second Amendment of the Constitution , and more narrowly the right of the individual to own a gun within a federal enclave. BUT MORE IMPORTANTLY THIS CASESIs the first Supreme Court case in United States history, to directly address whether the right to bear arms, is a right of individuals in addition to a collective right that applies to state-regulated militias.The second amendment is the amendment, one could say that holds the most conflict and is coupled with an array of conflicting opinions on its meaning and in many ways has been the least evaluated at of all rights afforded to us in the Constitution.
Enforcing the ban on handgun registration, which allowed no new hang gun owners after 1975. Requires residents to keep lawfully owned firearms such as “shot guns and rifles” unloaded and dissembled or bound by a trigger lock or similar device.
The Supreme Court agreed to hear the case on these grounds, and the plaintiff Mr. Heller , welcomed the petition.
Amicus brief were filed by 31 states along with a majority of both houses of Congress as well as the Vice President in support of Heller, and asking the case be reaffirmed. Amicus briefs were filed by 14 states stating neutral opinions in the matter of this case, while only 5 states and Puerto Rico filed in support of D.C.The Supreme Court heard oral arguments in the case on March 18, 2008.Each side was initially given 15 minutes to present their case and were allotted an additional 20 mins for their arguments, so each side had about 35 minutes to present to the court. The decision was given on June 27, 2008
After hearing both sides of the case the supreme court ruled in favor of Heller 5-4
Zachariah Bernard November 17,2009 BUSA 3500 District of Columbia v. Heller,
The Second Amendment "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."
Main two issues in the law that the plaintiffs sought to challenge in this case:
Enforcing the ban on handgun registration, which allowed no new hang gun owners after 1975. Requires residents to keep lawfully owned firearms such as “shot guns and rifles” unloaded and disassembled or bound by a trigger lock or similar device. How did this case arise?
Alan Gura was the main lawyer representing the Plaintiffs in this case. Why is this case important, why should you care, and what are the ramifications for the rest of the country? What affect has the the Firearms Control Regulation Act of 1975, had on gun viloence and other violent crimes in The District of Columbia? Who is Dick Heller and Shelly Parker and what was their basis for this lawsuit? Interview with Alan Gura
Lawsuit filed disputing the Constitutional nature of the provisions within the Firearms Control Regulation Act of 1975
Lawsuit was managed by a senior fellow at the Cato Institute named Robert Levy and filed by six residents from the District of Columbia:
Dick Heller, Shelly Parker, Tom Plamer, Gillian St. Lawrence, Tracey Ambeau, and George Lyon.
The District Court dismissed the case and the Plaintiffs moved to appeal the case to the U.S. Court of Appeals for the D.C. Circuit.
District Court for the District of Columbia
Upon appeal the court overturned the Districts Courts ruling in a 2-1 decision in favor of the plaintiffs. Court of Appeals ruled that the 2nd Amendment "protects an individual right to keep and bear arms“. The courts foundation for this ruling was:
"premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).“
The Court also conclude that only Mr. Heller had standing to sue since he had actually applied for a handgun permit and was denied.
The petition for a writ of certiorari was granted, but limited to the following question: Are the provisions in the firearms act, ones that 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 District of Columbia petitions for writ of certiorari
Amicus Briefs filed by State Attorney Generals Pro Heller Pro D.C. Neutral States
The Supreme Courts decision:5-4 in favor of Heller Voted for Heller Voted Against Heller The majority of the court ruled: The Second Amendment protects an individual 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. Chief Justice Roberts Stevens Souter Thomas Alito Ginsburg Breyer Kennedy Scalia
What do you think, is this ruling one that you agree or disagree with it???
The Oyez Project, District of Columbia v. Heller , 554 U.S. ___ (2008) available at: (http://oyez.org/cases/2000-2009/2007/2007_07_290) "Find Law". 10/22/09 <http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=07-290>. "Law Cases". Cornell University . 10/15/09 <http://www.law.cornell.edu/supct/html/07-290.ZO.html>. "Supreme Court cases". Government. 11/2/09 <http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf>. "Gun Control". Gallup . 11/13/09 <http://www.gallup.com/poll/105721/public-believes-americans-right-own-guns.aspx>. "You tube ". Reason T.V.. 10/2/09 <http://www.youtube.com/watch?v=hFDlVgIgr8E>. Sources