2nd Amendment to US Constitution

2nd Amendment to U.S. Constitution Laws regarding the use and safety of weapons in the United States date back to 1837, when Georgia's ban on handguns was ruled unconstitutional. Subsequent legislation has been scrutinized by courts -- including the High Court -- and in numerous cases the rulings have supported a citizens' right to keep and bear arms except in certain cases. In District of Columbia v. Heller, the last decision offered by the Supreme Court in 2007, a law banning handguns was struck down based on the Second Amendment.

How this ruling will ultimately affect states and local governments remains to be seen, but this paper carefully reviews opinions from the majority and minority on the Court. This paper also presents what the Court considers enumerated rights and how the gun lobby might be impacted by the ruling -- as well as those advocating for gun safety. Scholarly, peer-reviewed articles and a thorough conclusion are presented, summing up the main points and the significant expected outcomes of District of Columbia v. Heller.

Introduction The United States Supreme Court presently leans consistently towards rendering conservative rulings: in years (including 2007) there were five Republicans and four Democrats, and although the names of justices have changed, today there are also five Republicans (conservative Justices Scalia, Kennedy, Thomas, Alito and Roberts) and four Democrats (progressive Justices Breyer, Stevens, Sotomayor and Kagan). (That 5-4 majority is powerful enough to decide a presidential election; to wit, George W.

Bush was elevated to the presidency based on that 5-4 conservative majority in the 2000 election.) It's a fact of judicial life in America that High Court rulings in controversial issues -- including this particular case, gun safety and gun law issues -- are expected to be rendered from the conservative position. In the matter of District of Columbia, Et Al., Petitioners v.

Dick Anthony Heller, brought before the Court by Heller, the Court overturned the District of Columbia legislation that had prevented Heller from registering a handgun to keep in his home. This paper reviews and critiques the decision by the Court majority and the dissenting opinion of two justices. Moreover, it brings into the discussion legal opinions by scholars on the specific case at hand.

The High Court had not considered the 2nd Amendment in almost seventy years hence, all eyes -- not just gun owners and gun rights advocates like the National Rifle Association -- were on this decision. District of Columbia v. Heller "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed" (2nd Amendment to the U.S. Constitution).

This case stemmed from a suit brought by Anthony Heller; he was a special policeman bucking up against.