Vivian S. Chu
Legislative Attorney
The Supreme Court in District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia, and protects the right to use that firearm for traditional lawful purposes such as self-defense within the home. The Court conducted an extensive analysis of the Second Amendment to interpret its meaning, but the decision left unanswered other significant constitutional questions, including the standard of scrutiny that should be applied to laws regulating the possession and use of firearms, and whether the Second Amendment applies to the states. Three federal Courts of Appeals addressed this latter issue. Two of these decisions, from the U.S. Courts of Appeals for the Second Circuit and the Seventh Circuit, held that the Second Amendment did not apply to the states, whereas the Court of Appeals for the Ninth Circuit held that the Second Amendment is incorporated under the Due Process Clause of the Fourteenth Amendment, although this decision has since been vacated. On June 28, 2010, the Supreme Court issued its decision in McDonald v. City of Chicago, reversing the decision of the Court of Appeals for the Seventh Circuit, and holding that the Second Amendment applies to the states.
This report presents an overview of the principles of incorporation, the early Supreme Court cases that addressed the application of the Second Amendment to state governments, the federal appellate cases that addressed incorporation of the Second Amendment since the Heller decision, and an analysis of the Court’s opinion in McDonald.
Date of Report: September 17, 2010
Number of Pages: 27
Order Number: R40820
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
The Supreme Court in District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia, and protects the right to use that firearm for traditional lawful purposes such as self-defense within the home. The Court conducted an extensive analysis of the Second Amendment to interpret its meaning, but the decision left unanswered other significant constitutional questions, including the standard of scrutiny that should be applied to laws regulating the possession and use of firearms, and whether the Second Amendment applies to the states. Three federal Courts of Appeals addressed this latter issue. Two of these decisions, from the U.S. Courts of Appeals for the Second Circuit and the Seventh Circuit, held that the Second Amendment did not apply to the states, whereas the Court of Appeals for the Ninth Circuit held that the Second Amendment is incorporated under the Due Process Clause of the Fourteenth Amendment, although this decision has since been vacated. On June 28, 2010, the Supreme Court issued its decision in McDonald v. City of Chicago, reversing the decision of the Court of Appeals for the Seventh Circuit, and holding that the Second Amendment applies to the states.
This report presents an overview of the principles of incorporation, the early Supreme Court cases that addressed the application of the Second Amendment to state governments, the federal appellate cases that addressed incorporation of the Second Amendment since the Heller decision, and an analysis of the Court’s opinion in McDonald.
Date of Report: September 17, 2010
Number of Pages: 27
Order Number: R40820
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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