- Supreme Court; March 17, 2008
Facts
A security guard in D.C., Dick Anthony Heller, 65, sued the District when it did not permit him to keep a handgun at his home on the basis of the District of Columbia’s gun-control law. The gun-control law is one of the strictest laws in the country, and it bars individuals from possessing handguns and requires shotguns and rifles to be kept locked or disassembled. The plaintiff's argues that the Second Amendment protects individual rights to bear arms. US District Court in Washington ruled aginast Heller, but US Circuit Court of Appeals for the District of Columbia struck down the gun control law.
Issues
Does the Second Amendment protect "individual" right to bear arms, not limited to the state's right to have its militia armed?
If so, can the concern for public safety justify to regulate an individual's right to bear arm?
Rules
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."; District of Columbia’s gun-control law
Analysis
(1) The Second Amendment is unclearly stated. A few lower courts interpreted that it should protect an individual's right while the majority said that it applies only to the states' right. This is the first case that will be heard in Supreme Court in 70 years.
(2) The government believes that handguns are usually used in the streets for crimes. Concerning public safety, guns should be controlled.
(3) 44 states have some form of constitution that protects gun rights.
Conclusion
Supreme Court will hear this case on Tuesday; it will decide by summer.
Sources
- Gun Case Causes Bush Administration Rift By LINDA GREENHOUSE. New York Times. - March 17, 2008
- Individual's Right to Bear Arms at Issue By MARK SHERMAN, Associated Press Writer. Los Angeles Times. March 17, 2008
- High Court to Hear Major Second Amendment Case: Attorneys to Spar Over Washington, D.C. Gun Ban By ARIANE de VOGUE and DENNIS POWELL. ABC News. - March 17, 2008
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