District+of+Columbia

=District of Columbia v. Heller (2008) - Andy Moshos= = = =Background: Dick Heller, a police officer in the District of Columbia, wanted to keep a handgun in his home. However, the District of Columbia refused his application under its law that prohibits the registration of handguns and makes it illegal to possess an unregistered firearm along with other restrictions on lawfully owned weapons (that they must be kept unloaded and dissembled). Heller sought an injunction against the enforcement of the handgun restrictions by citing his Second Amendment rights and filing a lawsuit with the Federal Trial Court in the District of Columbia. The Federal Trial Court decided that the 2nd Amendment only applies to militia and not to private individuals, but the Court of Appeals disagreed and the Supreme Court heard the case in order to more clearly define the gun laws in the 2nd Amendment.= = = =Question: Does the Second Amendment protect an individual’s right to possess a firearm and use it for private and lawful purposes, like self-defense in one’s home, when the act of possessing the weapon is unrelated to the militia or defense of the nation?= = = =The Decision: The Supreme Court ruled in a 5-4 decision in favor of Heller that the Second Amendment guarantees an individual the right to possess a firearm that is unconnected with service in the militia and use it for traditionally lawful purposes. This decision overturned the Firearms Control Regulations Act of 1975 which created the bans on handgun ownership in the District of Columbia since the Supreme Court declared it unconstitutional and in violation of the 2nd Amendment. The ruling allowed residents of the District of Columbia to individually own and register handguns for their own lawful purposes, such as self defense in one’s home.=