Author: The Supreme The Supreme Court of the United States
Publisher:
ISBN: 9781975895518
Category :
Languages : en
Pages : 158
Book Description
The complete syllabus for the decision for the landmark case on gun control in the United States.
Supreme Court of the United States Syllabus District of Columbia Et Al. V. Heller
Author: The Supreme The Supreme Court of the United States
Publisher:
ISBN: 9781975895518
Category :
Languages : en
Pages : 158
Book Description
The complete syllabus for the decision for the landmark case on gun control in the United States.
Publisher:
ISBN: 9781975895518
Category :
Languages : en
Pages : 158
Book Description
The complete syllabus for the decision for the landmark case on gun control in the United States.
District of Columbia Et Al. V. Heller - 2008 Gun Control Supreme Court Case
Author: U. S. Government Supreme Court of the United States
Publisher: CreateSpace
ISBN: 9781482079043
Category :
Languages : en
Pages : 158
Book Description
Contains the full text of the syllabus, the opinion of the Court, and both dissenting opinions. No. 07-290. Argued March 18, 2008-Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unli¬censed handgun, but authorizes the police chief to issue 1-year li¬censes; and requires residents to keep lawfully owned firearms unloaded and disassembled or bound by a trigger lock or similar de¬vice. Respondent Heller, a D. C. special policeman, applied to regis¬ter a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm inthe home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home. The District Court dismissed the suit, but the D. C. Circuit reversed, holding that the Second Amendment protects an individual's right to possess firearms and that the city's total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right. Held: 1. 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. 2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, con¬cealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of fire¬arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54-56. 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scru¬tiny the Court has applied to enumerated constitutional rights, this prohibition-in the place where the importance of the lawful defense of self, family, and property is most acute-would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbi¬trarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.
Publisher: CreateSpace
ISBN: 9781482079043
Category :
Languages : en
Pages : 158
Book Description
Contains the full text of the syllabus, the opinion of the Court, and both dissenting opinions. No. 07-290. Argued March 18, 2008-Decided June 26, 2008 District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unli¬censed handgun, but authorizes the police chief to issue 1-year li¬censes; and requires residents to keep lawfully owned firearms unloaded and disassembled or bound by a trigger lock or similar de¬vice. Respondent Heller, a D. C. special policeman, applied to regis¬ter a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it prohibits carrying an unlicensed firearm inthe home, and the trigger-lock requirement insofar as it prohibits the use of functional firearms in the home. The District Court dismissed the suit, but the D. C. Circuit reversed, holding that the Second Amendment protects an individual's right to possess firearms and that the city's total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right. Held: 1. 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. 2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, con¬cealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of fire¬arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Pp. 54-56. 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scru¬tiny the Court has applied to enumerated constitutional rights, this prohibition-in the place where the importance of the lawful defense of self, family, and property is most acute-would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbi¬trarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.
Supreme Court of the United States
Author: Dick Heller (plaintiff.)
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
United States Reports, V. 554, Cases Adjudged in the Supreme Court at October Term, 2007, June 16 Through October 3, 2008, End of Term
Author: Supreme Court (U S )
Publisher: Government Printing Office
ISBN: 9780160917134
Category : Law
Languages : en
Pages : 854
Book Description
Publisher: Government Printing Office
ISBN: 9780160917134
Category : Law
Languages : en
Pages : 854
Book Description
Official Reports of the Supreme Court
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 348
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 348
Book Description
Reports of Cases Argued and Adjudged in the Supreme Court of the United States
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 854
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 854
Book Description
Constitution
Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
Book Description
Landmark Briefs and Arguments of the Supreme Court of the United States, Constitutional Law
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 732
Book Description
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 732
Book Description
Russell & Winslow's Syllabus-digest of All the Decisions of the Supreme Court of the United States from 1 Dallas to 186 United States, Inclusive ...
Author: William Hepburn Russell
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 836
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 836
Book Description
Supreme Court of the United States Syllabus
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Political candidates
Languages : en
Pages : 30
Book Description
Publisher:
ISBN:
Category : Political candidates
Languages : en
Pages : 30
Book Description