Landmark Supreme Court Case · Right to bear arms

District of Columbia v. Heller (2008)

Decided
2008
Vote
5–4
Opinion
Justice Antonin Scalia
Constitutional provisions

Facts of the case

Washington, D.C., effectively banned handgun possession in the home and required other firearms kept at home to be unloaded and disassembled or trigger-locked. Dick Heller, a special police officer licensed to carry a gun on duty, was denied a permit to keep a handgun at home and sued. Because D.C. is a federal district, not a state, the Second Amendment applied directly.

The constitutional question

Does the Second Amendment protect an individual's right to keep a handgun at home for self-defense, unconnected with militia service?

The decision

Yes. The Second Amendment protects an individual right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. The District's handgun ban and trigger-lock requirement were unconstitutional.

The Court's reasoning

Scalia reasoned from the amendment's text and history that the prefatory clause about the militia does not limit the operative clause protecting "the right of the people to keep and bear Arms." The right is not unlimited. The opinion noted that longstanding laws, such as bans on possession by felons or in sensitive places, remain valid.

Why it matters

It was the first Supreme Court decision squarely recognizing an individual right to bear arms. It applied only to federal enclaves until McDonald v. Chicago (2010) extended it to the states. New York State Rifle & Pistol Association v. Bruen (2022) extended the right to carrying handguns in public.