American Government
November 29, 2014
District of Colombia v. Heller The District of Columbia had a law banning all handguns. Dick Heller challenged this law in 2008, on the grounds of the Second Amendment. This was the first time that the Supreme Court had regarded what it meant for an individual’s right to possess weapons for private uses, including self-defense. The District of Columbia had banned handguns, making it a place with one of the strictest gun laws. The District of Columbia also had a law that entailed for any long gun to be disassembled, trigger-locked, or kept unloaded. Dick Heller believed that these laws desecrated the Second Amendment and removed his right to be able to defend himself in a time of maltreatment. Heller based his lawsuit on his constitutional right to have and carry arms under the Second Amendment. Dick Heller was a District of Columbia special police officer, who was authorized do carry a handgun while he was on duty. He wished to keep a handgun at home and register for certification in order to keep him and his family safe if an issue ever arose, but the District of Columbia refused. On Second Amendment grounds, Heller filed a lawsuit in the Federal District Court to allow for handguns, the licensing requirement that prohibits the carrying of a firearm in the home without a license, and the trigger-lock requirement of firearms within one’s home to be abolished. His complaint was dismissed in the Federal District Court. The Second Amendment states, “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.” The Second Amendment is divided by the prefatory clause and the operative clause. The prefatory clause states within it, “security of a free state”. A free state consists of a nation or community. Able bodied individuals who are trained and organized have the right to possess arms to resist harm. The operative clause
Cited: "District of Columbia v. Heller (07-290)." District of Columbia v. Heller. LII / Legal Information Institute. Web. 1 Dec. 2014. "DISTRICT OF COLUMBIA v. HELLER." District of Columbia v. Heller. Web. 1 Dec. 2014.