Zachariah BernardNovember 17,2009

BUSA 3500

District of Columbia v. Heller,

The 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."

“Firearms Control Regulations Act of 1975” Main two issues in the law that the

plaintiffs sought to challenge in this case:

I. Enforcing the ban on handgun registration, which allowed no new hang gun owners after 1975.

II. Requires residents to keep lawfully owned firearms such as “shot guns and rifles” unloaded and disassembled or bound by a trigger lock or similar device.

How did this case arise?

Alan Gura was the main lawyer representing the Plaintiffs in this case.Why is this case important, why should you care,

and what are the ramifications for the rest of the country?

What affect has the the Firearms Control Regulation Act of 1975, had on gun viloence and other violent crimes in The District of Columbia?

Who is Dick Heller and Shelly Parker and what was their basis for this lawsuit?

Interview with Alan Gura

Lawsuit filed disputing the Constitutional nature of the provisions within the Firearms Control Regulation Act of 1975

Lawsuit was managed by a senior fellow at the Cato Institute named Robert Levy and filed by six residents from the District of Columbia:

Dick Heller, Shelly Parker, Tom Plamer, Gillian St. Lawrence, Tracey Ambeau, and George Lyon.

The District Court dismissed the case and the Plaintiffs moved to appeal the case to the U.S. Court of Appeals for the D.C. Circuit.

District Court for the District of Columbia

Upon appeal the court overturned the Districts Courts ruling in a 2-1 decision in favor of the plaintiffs.

Court of Appeals ruled that the 2nd Amendment "protects an individual right to keep and bear arms“.

The courts foundation for this ruling was: "premised on the private use of arms for activities such

as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).“

The Court also conclude that only Mr. Heller had standing to sue since he had actually applied for a handgun permit and was denied.

U.S. Court of Appeals for the D.C. Circuit

The petition for a writ of certiorari was granted, but limited to the following question: Are the provisions in the firearms act, ones that 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?

The District of Columbia petitions for writ of certiorari

Amicus Briefs filed by State Attorney Generals

Pro Heller Pro D.C.

Neutral States

The Supreme Courts decision:5-4 in favor of Heller

Voted for Heller

Chief Justice Roberts

Thomas

Alito

Kennedy

Scalia

Stevens

Souter

Ginsburg

Breyer

Voted Against Heller

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 majority of the court ruled:

What do you think, is this ruling one that you agree or disagree with it???

73 % 20 %

7 %

Gallup Opinion Poll 2008

Guarantees rights to individual Americans

Only guarantees rights of state militia members

No opinion

The Oyez Project, District of Columbia v. Heller , 554 U.S. ___ (2008) available at: (http://oyez.org/cases/2000-2009/2007/2007_07_290)

"Find Law". 10/22/09 <http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=07-290>.

"Law Cases". Cornell University . 10/15/09 <http://www.law.cornell.edu/supct/html/07-290.ZO.html>.

"Supreme Court cases". Government. 11/2/09 <http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf>.

"Gun Control". Gallup . 11/13/09 <http://www.gallup.com/poll/105721/public-believes-americans-right-own-guns.aspx>.

"You tube ". Reason T.V.. 10/2/09 <http://www.youtube.com/watch?v=hFDlVgIgr8E>.

Sources

Interview: http://www.youtube.com/watch?v=hFDlVgIgr8E