Second Amendment Case Studies

Second Amendment Case Studies  

D.C. v. Heller (2008) 

The District of Columbia passed a law that generally outlawed the ownership of handguns. Dick Heller was a local police officer who was allowed to own a handgun given his position in law enforcement, but the law required he keep his gun unloaded or bound by a trigger lock at home. Heller sued the District of Columbia, arguing the law violated his Second Amendment rights.

The case reached the Supreme Court and proved to be a landmark decision in its impact on gun owner rights. The differing interpretations of the Second Amendment came down to whether it was intended to protect an individual’s right to own a firearm for self-defense, or the right of members of the militia to own firearms in defense of the community.

In 2008, in a 5-4 decision, the Court ruled in favor of Heller. Justice Antonin Scalia wrote the majority opinion, stating that when the Constitution refers to the rights of “the people,” it is talking about “individual rights, not ‘collective’ rights or rights that may only be exercised through participation in some corporate body.”

Justice John Paul Stevens wrote a dissenting opinion in which he argued, “The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a ‘well regulated Militia’—not to protect the individual’s right to bear arms.” While the Court established that the Framers intended to protect an individual’s right to own a firearm, debates over what gun control laws are constitutionally permissible continue to this day.

McDonald v. Chicago (2010) 

The 2008 decision in D.C. v. Heller clarified how the Second Amendment should apply to the federal government, but questions remained about its applicability to state governments. Otis McDonald was a longtime resident in a Chicago neighborhood who witnessed the area become increasingly dangerous. He wanted to buy a handgun for self-defense, but the city had effectively outlawed the purchase of handguns. McDonald sued, arguing that Chicago had violated his constitutional rights. The question before the Court centered around whether the right to self-defense recognized in Heller was part of the liberty protected against the states by the Fourteenth Amendment.

In a 5-4 decision, the Supreme Court ruled in favor of McDonald and determined the Second Amendment was incorporated, or applied to state and local governments, by the Fourteenth Amendment’s Due Process Clause, which reads, “No state shall…deprive any person of life, liberty, or property, without due process of law.” Justice Samuel Alito wrote the majority opinion, stating, “Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is ‘the central component’ of the Second Amendment right.” Since the right was understood to be “deeply rooted in this Nation’s history and tradition,” it should be incorporated to apply to state and local governments.

The dissenting Justices argued the individual right of self-defense was not fundamental, or essential to the concept of “ordered liberty,” and therefore did not apply to the states by way of Fourteenth Amendment Due Process. Justice Stephen Breyer wrote, “In sum, the Framers did not write the Second Amendment in order to protect a private right of self-defense. There has been, and is, no consensus that the right is, or was, ‘fundamental.’” In the opinion of the dissenting Justices, state and local governments were thus free to regulate firearms in an expansive manner.

While debates still exist over what restrictions should be enacted on firearm ownership, between the ruling in Heller and McDonald, the Court has determined that the Second Amendment protects an individual’s right to self-defense and gun ownership.