Guns Holsters and Gear
Guns Holsters and Gear provides comprehensive news & reviews on firearms, gun gear and holsters

SHOT Show Coverage

  • 2012 SHOT Show
  • Ammunition
  • Concealed Carry
  • Holsters
  • Pistols
  • Rifles
  • Shotguns
  • Silencers/Suppressors
  • Site Information
    • Advertising Information
    • Contact Guns Holsters And Gear
    • Privacy Notice
    • Review Policy
    • Site Index
Benchmade CZ Steyr SIG SAUER Smith & Wesson Ruger

Search GHG

Free Newsletter

USCCA

Categories

D.C. vs Heller: Supreme Court Strikes Down Handgun Ban

By Richard on June 26, 2008 3 Comments

In a 5-4 decision, the U.S. Supreme Court has ruled the District of Columbia’s draconian handgun ban is unconstitutional. Specifically the Court held that “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self defense within the home.”

The Court also states that “The handgun ban and the trigger-lock requirement (as applied to self defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.”


However, the Court also stated “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose…” The Court further stated that “The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.”

One area I am disappointed by, is the D.C. licensing requirement. The Court did not consider the Constitutionality of a licensing requirement “Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.”

This is the full opinion in pdf format. More analysis to follow….

Other articles that will amaze you:

  1. Heller Decision Expected Tomorrow
  2. Ranson City, WV Considers Illegal Ban of Firearms on Public Property: Violation of West Virginia Preemption Law
  3. California Bill Will Tax Ammunition, Ban Transfers of More Than 50 Rounds of Ammo
  4. New Jersey Assembly to Vote on Handgun Purchase Limitations on Law Abiding Citizens
  5. New Jersey Assembly Committee Passes Gun Ban
Categories : Second Amendment Issues, Self-Defense Issues
Tags : DC vs. Heller, gun ban, Supreme Court

Comments

  1. Andrew says:
    June 26, 2008 at 9:36 am

    Bob Barr just released a statement expressing his opinions of the Heller Decision – calling it “One of Court’s most important rulings on behalf of liberty”. See it at http://www.bobbarr2008.com/press

    BobBarr2008 dot com

    Reply
  2. Aldon Tate says:
    March 7, 2011 at 6:10 pm

    I currently have an open case in criminal court(S.I.NY) for posessing a unregistered gun that was locked up in a safe in my home. there was a search warrant executed for drugs but no drugs were found or present.the police broke open my safe to find the gun unloaded.i kept the weapon there for protection because of a prior burgulary.

    the D.A. of the county has offered me a one year sentence in jail for this,yes i have a prior arrest and conviction for the same thing, posession of a firearm that was (12) years ago. can i beat these charges is my question?

    Reply
    • Richard says:
      March 7, 2011 at 7:34 pm

      Hi Aldon,

      I’m not an attorney, and I am not qualified to offer legal advice. I strongly suggest you contact an attorney in this matter. I believe you can contact the Second Amendment Foundation for a list of attorneys in your area that may be available to help.

      Good luck!

      Richard

      Reply

Leave a Reply

Click here to cancel reply.

Guns Holsters and Gear
Copyright © 2012 All Rights Reserved
iThemes Builder by iThemes
Powered by WordPress