The people's voice of reason

U.S. Supreme Court Heller decision

June 26, 2008 the U.S. Supreme Court ruled in District of Columbia v. Heller that the Second Amendment to the United States Constitution protects an individual right. The Court also held that the District of Columbia handgun ban was unconstitutional.

In the 2008 case of District of Columbia v. Heller, the U.S. Supreme Court affirmed that the Second Amendment to the Constitution protects an individual's right to possess firearms. This decision affirmed that Americans have a right of self-defense in their home and that no government can infringe on that right.

The Court struck down the District of Columbia's handgun ban as unconstitutional.

Gun control advocates had argued that all the Second Amendment did was allow the states to have a militia. The Heller decision clarified that the right to bear arms is not solely tied to militia service but extends to private individual citizens.

"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," Justice Antonin Scalia wrote for the majority.

Justice Scalia was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas, and Anthony Kennedy in the 5 – 4 ruling.

The National Rifle Association (NRA) strongly supported the Heller decision which protects an individual's right to possess firearms for lawful purposes such as self-defense within the home.

After the ruling, NRA Executive Vice President Wayne LaPierre stated:

"We want to return hope and we want to return freedom to our nation's capital... The irony of this gun ban is that it has resulted in criminals having guns while denying law-abiding citizens their basic right to self-defense in their own homes."

 
 

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