District of Columbia v. Heller: Difference between revisions
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(Constitutional_Law_Chemerinsky/Outline_I#District_of_Columbia_v._Heller_.282008.29) |
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|date=June 26, 2008 | |date=June 26, 2008 | ||
|subject=Constitutional Law | |subject=Constitutional Law | ||
|overturned=Silveira v. Lockyer | |overturned=Silveira v. Lockyer | ||
|facts=District of Columbia enforced a handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock." | |facts=District of Columbia enforced a handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock." | ||
|issues=Is the District of Columbia's firearms restrictions a violation of the Second Amendment? | |issues=Is the District of Columbia's firearms restrictions a violation of the Second Amendment? | ||
|holding=Yes. | |holding=Yes. | ||
|rule=The Second Amendment protects an individual's right to keep and bear arms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home | |rule=The [[Second Amendment]] protects an individual's right to keep and bear arms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home | ||
|comments=*[[Constitutional_Law_Chemerinsky/Outline_I#District_of_Columbia_v._Heller_.282008.29]] | |comments=*[[Constitutional_Law_Chemerinsky/Outline_I#District_of_Columbia_v._Heller_.282008.29]] | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Latest revision as of 03:36, July 14, 2023
| District of Columbia v. Heller | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 554 U.S. 570 (2008) |
| Date decided | June 26, 2008 |
| Overturned | Silveira v. Lockyer |
| Case Opinions | |
| majority | written by Antonin Scalia joined by John G. Roberts, Jr., Anthony M. Kennedy, Clarence Thomas, Samuel A. Alito, Jr. |
| dissent | written by John Paul Stevens joined by David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer |
| dissent | written by Stephen G. Breyer joined by John Paul Stevens, David H. Souter, Ruth Bader Ginsburg |
Facts
District of Columbia enforced a handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock."
Issues
Is the District of Columbia's firearms restrictions a violation of the Second Amendment?
Holding
Yes.
Rule
The Second Amendment protects an individual's right to keep and bear arms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home
