Vivian S. Chu
Legislative Attorney
In District of Columbia v. Heller, the Supreme Court of the United States ruled in a 5-4 decision that the Second Amendment to the Constitution of the United States protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that arm for traditionally lawful purposes, such as self-defense within the home. The decision in Heller affirmed the holding in Parker v. District of Columbia, where the Court of Appeals for the District of Columbia declared three provisions of the District’s Firearms Control Regulation Act unconstitutional. The provisions specifically ruled on by the Court of Appeals were: D.C. Code § 7-2502.02, which generally barred the registration of handguns; § 22-4504, which prohibited carrying a pistol without a license, insofar as the provision would prevent a registrant from moving a gun from one room to another within his or her home; and § 7-2507.02, which required that all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock or similar device.
In noting that the District’s approach “totally bans handgun possession in the home,” the Supreme Court declared that the inherent right of self-defense is central to the Second Amendment right, and that the District’s handgun ban amounted to a prohibition of an entire class of arms that has been overwhelmingly utilized by American society for that purpose. The Court also struck down as unconstitutional the requirement that any lawful firearm in the home be disassembled or bound by trigger lock, as such a requirement “makes it impossible for citizens to use arms for the core lawful purpose of self-defense.”
This report provides an overview of judicial treatment of the Second Amendment over the past 70 years, with a focus on the Court’s decision in Heller. Additionally, this report analyzes the potential implications of the Court’s holding for firearm legislation at the federal, state, and local level, but does not address the Supreme Court’s decision in McDonald v. City of Chicago. For more information on McDonald, see CRS Report R40820, The Second Amendment and Incorporation: An Overview of McDonald v. City of Chicago, by Vivian S. Chu.
Date of Report: January 19, 2011
Number of Pages: 23
Order Number: R40137
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
In District of Columbia v. Heller, the Supreme Court of the United States ruled in a 5-4 decision that the Second Amendment to the Constitution of the United States protects an individual right to possess a firearm, unconnected with service in a militia, and the use of that arm for traditionally lawful purposes, such as self-defense within the home. The decision in Heller affirmed the holding in Parker v. District of Columbia, where the Court of Appeals for the District of Columbia declared three provisions of the District’s Firearms Control Regulation Act unconstitutional. The provisions specifically ruled on by the Court of Appeals were: D.C. Code § 7-2502.02, which generally barred the registration of handguns; § 22-4504, which prohibited carrying a pistol without a license, insofar as the provision would prevent a registrant from moving a gun from one room to another within his or her home; and § 7-2507.02, which required that all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock or similar device.
In noting that the District’s approach “totally bans handgun possession in the home,” the Supreme Court declared that the inherent right of self-defense is central to the Second Amendment right, and that the District’s handgun ban amounted to a prohibition of an entire class of arms that has been overwhelmingly utilized by American society for that purpose. The Court also struck down as unconstitutional the requirement that any lawful firearm in the home be disassembled or bound by trigger lock, as such a requirement “makes it impossible for citizens to use arms for the core lawful purpose of self-defense.”
This report provides an overview of judicial treatment of the Second Amendment over the past 70 years, with a focus on the Court’s decision in Heller. Additionally, this report analyzes the potential implications of the Court’s holding for firearm legislation at the federal, state, and local level, but does not address the Supreme Court’s decision in McDonald v. City of Chicago. For more information on McDonald, see CRS Report R40820, The Second Amendment and Incorporation: An Overview of McDonald v. City of Chicago, by Vivian S. Chu.
Date of Report: January 19, 2011
Number of Pages: 23
Order Number: R40137
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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