It stated that this was not an exhaustive list of the regulatory measures that would be presumptively permissible under the Second Amendment. In cases in the 19th Century, the Supreme Court ruled that the Second Amendment does not bar state regulation of firearms.  For example, in United States v. Cruikshank (external link), 92 U.S. 542, 553 (1875), the Court stated that the Second Amendment “has no other effect than to restrict the powers of the national government,” and in Presser v. Illinois (external link), 116 U.S. 252, 265 (1886), the Court reiterated that the Second Amendment “is a limitation only upon the power of Congress and the National government, and not upon that of the States.” Although most of the rights in the Bill of Rights have been selectively incorporated (PDF) into the rights guaranteed by the Fourteenth Amendment (external link) and thus cannot be impaired by state governments, the Second Amendment has never been so incorporated. Comment. the magazines you wish to ban, are also protected as ordinary and necessary equipment. 2240 Rayburn HOB . $.'

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1 0 obj The specific controversy in Heller The District of Columbia had arguably the most restrictive gun control measures in the nation. Hist. 39 (1998). /BitsPerComponent 8 endstream endobj 27 0 obj <> endobj 28 0 obj <> endobj 29 0 obj <>stream David Thomas Konig, The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of “the Right of the People to Keep and Bear Arms,” 22 Law & Hist. 701 (2000) (reviewing Stephen P. Halbrook, Freedmen, The Fourteenth Amendment, and the Right to Bear Arms, 1866-1876, Westport, Ct.: Praeger Pubs. On June 26, 2008, in District of Columbia v. Heller (PDF), the United States Supreme Court issued its first decision since 1939 interpreting the Second Amendment to the United States Constitution.  The Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful purposes such as self-defense. J. L. & Pub. Following the D.C. Circuit’s decision not to rehear the case, the District of Columbia Government filed a petition for certiorari for review of the decision by the Supreme Court.  The documents before the Supreme Court at the petition for certiorari stage have been collected here (external link).
In its June 26 decision, a 5-4 majority of the Supreme Court ruled that the Second Amendment confers an individual right to keep and bear arms, and that the D.C. provisions banning handguns and requiring firearms in the home disassembled or locked violate this right. Andrew J. McClurg, David B. Kopel, and Brannon P. Denning, eds., Gun Control and Gun Rights: A Reader and Guide.  New York: New York University Press, 2002.Â, Robert J. Spitzer, The Politics of Gun Control.  4th ed. Comment.

B�� �@���yD C��UbL$�cA�A2`1@r�,N�)p���$��(�t��.�������g}��L��&e�)��Z���cX�gD�1�b8'��9��r�*=!��!�g=�v'�v0�g����.Ss��ȊZ�I{�2�zA9�ڨ]n��8}�k|{�L�5� #�l�I勥F)%Wʩ:��dXd��\�ޤ�/�'� ��#hd^&��M�v����ׇq�R5ܫ��P���G���V�X�Q��Qz7��TWJϖ侬VYa�]6�$s��"��֋B%�V��77CSL��7��ȷ�%��u��_�g�. Four Justices dissented, each of which signed both of two dissenting opinions. /SA true It also ruled that two District of Columbia provisions, one that banned handguns and one that required lawful firearms in the home to be disassembled or trigger-locked, violate this right. L. & Pol’y Rev. h޴Umo�0�+�q�@��7�BZ�Jk��NB|���H���պ?�C�c]a�19��|��� J. 588 (2000).Â, About | House Bill 5717 – Request for Withdrawal ... District of Columbia v. Heller, 554 U.S. 570, 62425 - (2008) (citing . 8 . /Subtype /Image H e l l e r - 2 0 0 8 G u n C o n t r o l S u p r e m e C o u r t C a s e \( P a p e r b a c k \) � X G 1 C C T 6 X M 5 Z 8) V . External Link Disclaimer | >> stream endobj [UPDATE: In McDonald v. City of Chicago, 561 U.S. 742 (2010), the Supreme Court addressed this issue, ruling that Second Amendment rights are applicable to states through the Fourteenth Amendment.]. Oral argument before the U.S. Supreme Court took place on March 18, 2008. 7) /CreationDate (D:20170103125239Z) 309 (1991). %PDF-1.4 David Yassky, The Second Amendment: Structure, History, and Constitutional Change, 99 Mich. L. Rev. The Supreme Court’s consideration of the Second Amendment this term was precipitated by the U.S. Court of Appeals for the District of Columbia Circuit’s decision in Parker v. District of Columbia (PDF), 478 F.3d 370 (D.C. App. 151 (Winter 1986). The Court asserted that its prior precedent was not inconsistent with its interpretation. Saul Cornell, Commonplace or Anachronism: The Standard Model, the Second Amendment, and the Problem of History in Contemporary Constitutional Theory, 16 Const.

Legal | On November 20, 2007, the Supreme Court granted (PDF) the petition for certiorari.  The Court framed the question for which it granted review as follows: “Whether the following provisions – D.C. Code §§ 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 – 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?”. 5717, e.g. Paul Finkelman, “A Well-Regulated Militia”:  The Second Amendment in Historical Perspective, 76 Chi.-Kent L. Rev. /Width 300 USA.gov, The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Citizens in Arms: The Army and the Militia in American Society to the War of 1812, A Right to Bear Arms: State and Federal Bills of Rights and Constitutional Guarantees, To Keep and Bear Arms: The Origins of an Anglo-American Right, Gun Control and Gun Rights: A Reader and Guide, Out of Range: Why the Constitution Can’t End the, The Militia and the Right to Bear Arms, or, How the Second Amendment Fell Silent, The Mythic Meanings of the Second Amendment:  Taming Political Violence in a, The Second Amendment: A Case Study in Constitutional Interpretation, Mind the Gap: The Missing Standard of Review Under the Second Amendment (and Where to Find It), Gun Regulation, the Police Power, and the Right to Keep Arms in Early, Commonplace or Anachronism: The Standard Model, the Second Amendment, and the Problem of History in Contemporary Constitutional Theory, The Second Amendment: Towards an Afro-Americanist Reconsideration, An Armed Community: The Origin and Meaning of the Right to Bear Arms, The Right To Keep And Bear Arms: A Right To Self-Defense Against Criminals And Despots, Disarmed By Time: The Second Amendment and the Failure of Originalism, A Well-Regulated Militia”:  The Second Amendment in Historical Perspective, Aliens With Guns: Equal Protection, Federal Power, and the Second Amendment, What the Framers Intended: A Linguistic Analysis of the Right to “Bear Arms, The Federalized Militia Debate: A Neglected Aspect of Second Amendment Scholarship, The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of “the Right of the People to Keep and Bear Arms, Outsider Voices on Guns and the Constitution, The Second Amendment: The Highest Stage of Originalism, It Takes a Militia: A Communitarian Case for Compulsory Arms Bearing, The Second Amendment and the Personal Right to Arms, The Second Amendment: Structure, History, and Constitutional Change.
22 (1984). 103 (2000). It similarly found that the requirement that lawful firearms be disassembled or bound by a trigger lock made it impossible for citizens to effectively use arms for the core lawful purpose of self-defense, and therefore violated the Second Amendment right. In March 2007, the Court of Appeals for the D.C. Accessibility | As background to the Court’s decision in Heller, below is a selective bibliography listing only some of the substantial literature of books and journal articles on the Second Amendment that existed when that case was decided.

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2007).  There, the D.C. Robert J. Cottrol and Raymond T. Diamond, The Second Amendment: Towards an Afro-Americanist Reconsideration, 80 Geo. V. HELLER - … 4 0 obj A second dissenting opinion, by Justice Breyer, stated that even if the Second Amendment protects a separate interest in individual self-defense, the District of Columbia provisions at issue are permissible forms of regulation. endobj Nelson Lund, Outsider Voices on Guns and the Constitution, 17 Const. R. Don Higginbotham, The Federalized Militia Debate: A Neglected Aspect of Second Amendment Scholarship, 55 Wm. 25 (Winter 1997).

Stephen P. Halbrook, What the Framers Intended: A Linguistic Analysis of the Right to “Bear Arms,” 49(1) Law & Contemp. One, by Justice Stevens, examined historical evidence on the meaning of the Second Amendment to conclude that the amendment protects militia-related interests. Lawrence Delbert Cress, Citizens in Arms: The Army and the Militia in American Society to the War of 1812.  Chapel Hill: University of North Carolina Press, 1982. William Van Alstyne, The Second Amendment and the Personal Right to Arms, 43 Duke L. J. Donate Pol’y 289 (2006). The briefs on the merits by the District of Columbia and respondent Dick Anthony Heller, as well as amicus briefs by some 67 “friends of the court,” have been collected here (external link). /SM 0.02 /Filter /DCTDecode The Court found that analogous contemporaneous provisions in state constitutions, the Second Amendment’s drafting history, and post-ratification interpretations were consistent with its interpretation of the amendment. 1 2 . Washington, D.C.: CQ Press, 2008.  The outcome of D.C. v. Heller left some issues unanswered, including whether the Second Amendment restricts state regulation of firearms, and the standard for evaluating the constitutionality of other laws and regulations that impact the Second Amendment right. Since United States v. Miller, most federal court decisions considering the Second Amendment have interpreted it as preserving the authority of the states to maintain militias.  Several of the post-Miller lower court opinions are discussed here (external link) (PDF). Am.


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