Teej wrote:For what it's worth, the Heller case is decided and written and will be released tomorrow morning...probably by 10:30 AM eastern. I'm sure it'll hit the major news outlets very quickly.
I am encouraged by the fact that Justice Scalia is writing the (majority?) opinion. (I don't know if it's unanimous / split)
District of Columbia v. Heller
District of Columbia, et al.
Dick Anthony Heller
Tuesday, November 20, 2007
Tuesday, March 18, 2008
(argued the cause for the Petitioners)
Paul D. Clement
(Solicitor General, for the United States as amicus curiae)
(argued the cause for the Respondent)
Facts of the Case
For the first time in seventy years, the Court will hear a case regarding the central meaning of the Second Amendment and its relation to gun control laws. After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. The federal trial court in Washington D.C. refused to grant the plaintiffs relief, holding that the Second Amendment applies only to militias, such as the National Guard, and not to private gun ownership.
The U.S. Court of Appeals for the District of Columbia Circuit disagreed, voting two to one that the Second Amendment does in fact protect private gun owners such as plaintiffs. Petitioners agree with the trial court's decision that the Second Amendment applies only to militias, and further argue that (a) the Second Amendment should not apply to D.C. because it is a federal enclave rather than a state, and (b) that the D.C. legislation merely regulates, rather than prohibits, gun ownership. Respondents, although disagreeing on the merits, have also urged the Court to review the case in order to clearly define the relationship between federal gun control laws and the Second Amendment.
Whether provisions of the D.C. Code generally barring the registration of handguns, prohibiting carrying a pistol without a license, and requiring all lawful firearms to be kept unloaded and either disassembled or trigger locked 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?
Cite this page
The Oyez Project, District of Columbia v. Heller, (No. 07-290),
available at: <http://www.oyez.org/cases/2000-2009/2007/2007_07_290/>
(last visited Wednesday, June 25, 2008).