District of Columbia v. Heller (2008)
Issue: Do the D.C. provisions violate the 2nd Amendment rights of those who wish to keep handguns and other firearms for private use in their homes? (and are not part of a miltia)
Ruling: 5-4, the Court struck down the DC’s ban on handguns
◦2nd Amendment guarantees an individual right to gun ownership.
Ruling: 5-4, the Court struck down the DC’s ban on handguns
◦2nd Amendment guarantees an individual right to gun ownership.
McDonald v. Chicago (2010)
Issue: Does the 2nd Amendment (right to keep & bear arms) apply to state & local gov’t through the 14th Amendment limiting Chicago’s ability to regulate guns?
Majority:
◦2nd Amendment (right to keep & bear arms) for self-defense applies to the states under the 14th Amendment.
◦the Framers & 14th Amendment considered the right to keep & bear arms among the fundamental rights “necessary to our system of ordered liberty.”
◦Self-defense is a basic right & a central part of 2nd Amend(Heller)
Majority:
◦2nd Amendment (right to keep & bear arms) for self-defense applies to the states under the 14th Amendment.
◦the Framers & 14th Amendment considered the right to keep & bear arms among the fundamental rights “necessary to our system of ordered liberty.”
◦Self-defense is a basic right & a central part of 2nd Amend(Heller)
“Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.” -Justice Alito
The debate over the 2nd Amendment involves concerns about public safety & whether or not the government regulation of firearms promotes or interferes with public safety and individual rights.