If you have had your rights restricted or curtailed with respect to owning and using firearms, in some circumstances, your rights can be restored with the help of a local experienced firearm rights-focused attorney. In pursuing restoration of your rights, it is useful to understand where your rights are protected, what those protections mean and why your rights can be restricted. For that purpose, in this article, we provide a brief review of the landmark US Supreme Court Second Amendment case District of Columbia v. Heller, 554 US 570 (US Supreme Court 2008) (hereinafter “Heller”).
Heller is the case that established the constitutional principle that firearm rights are individual rights.
Heller also established that Second Amendment rights are not unlimited. The court held that an individual’s right to keep and carry arms is NOT the right to keep and carry ANY weapon in any manner and for whatever purpose. So, the court generally approved of federal and state laws that impose reasonable conditions and limits on the manufacture and commercial sale of weapons. Likewise, the court generally approved of reasonable restrictions on who could own and carry weapons. Indeed, the court specifically cautioned that its “opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill.” Finally, the court generally approved laws banning the carrying of firearms in “sensitive places” like government buildings and schools.
So, if you have ever wondered how your firearm rights can be restricted if your rights are protected by the Second Amendment, Heller is part of the answer.
The Heller case involved a constitutional challenge to a 2001 District of Columbia law that essentially banned handguns in the District. The law was challenged by Dick Heller, who was a D.C. special police officer authorized to carry a handgun while on duty. However, Heller was denied permission to own and carry a handgun at his home for personal protection. The District of Columbia court argued that the law was constitutional, arguing that the right to bear arms only applied within the context of being a member of a “well regulated militia.” But, the Supreme Court – on a 5 to 4 vote – disagreed.
The Second Amendment of the US Constitution states: “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.” The Second Amendment is one of the first ten Amendments that are generally called the Bill of Rights. The Bill of Rights was passed by the first US Congress in 1789 and was ratified in 1791.
In examining the text of the Amendment, the court held that the Amendment has two clauses which it termed the “prefatory clause” and the “operative clause.” According to the court, the Second Amendment’s prefatory clause – “A well regulated Militia, being necessary to the security of a free state …” – announces a purpose or a reason for the right that is being protected. The operative clause – “… the right of the people to keep and bear Arms shall not be infringed” – is the right being protected by the Amendment. The court held that the operative clause’s text and its history demonstrate that the Second Amendment protects an individual’s right to keep and bear arms. The court specifically noted that the Amendment protects the right “of the people.” Further, the court held that the prefatory clause does not limit the scope of the right protected in the operative clause. That is, an individual’s right to bear arms which is protected by the Second Amendment is a right that is unconnected to service in a militia. Individuals have a right to bear arms for traditionally lawful purposes, such as self-defense within the home.
For these and many other reasons articulated in the majority’s opinion, the court held the District of Columbia’s ban on handguns – and other restrictions – were unconstitutional infringements on an individual’s right to bear arms protected by the Second Amendment.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced Second Amendment-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting Second Amendment rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.