The Second Amendment

District of Columbia v. Heller (2008) Background: The District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandated that all legal firearms must be kept unloaded and disassembled or trigger locked. A group of private gun-owners took this to court claiming it violated their Second Amendment right. Question: Whether the provisions on handgun use and the carrying of a firearm in the District of Columbia violated the Second Amendment? Conclusion: Yes, the Supreme Court said that the Second Amendment protects an individual's right to possess a firearm outside of the military and that an individual can use this firearm in lawful activities, such as self-defense at home. Vote: 5 to 4

McDonald v. Chicago (2010) Question: Does the Second Amendment apply to the states because it is incorporated with the Fourteenth Amendments Privileges and Immunities or Due Process Clauses? Conclusion: The Supreme Court held that the Fourteenth Amendment makes the Second Amendment right to bear arms for the purpose of self-defense applicable to the states. The court said that all rights that are fundamental to the Nations scheme of ordered liberty or that are deeply rooted in this Nations history and tradition are appropriately applied to the states through the Fourteenth Amendment. Vote: 5 to 4