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Hellerinre_Roof.docx

SUPREME COURT OF THE UNITED STATES

DISTRICT OF COLUMBIA ET AL v HELLER

No. 07–290. Argued March 18, 2008—Decided June 26, 2008

District of Columbia law bans handgun possession by making it a crime to carry an unregistered firearm and prohibiting the registration of handguns; provides separately that no person may carry an unlicensed handgun, but authorizes the police chief to issue 1-year licenses; and requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Respondent Heller, a D. C. special policeman, applied to register a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement as far as it prohibits carrying an unlicensed firearm in the home, and the trigger-lock requirement as far as it prohibits the use of functional firearms in the home. The District Court dismissed the suit, but the D. C. Circuit reversed, holding that the Second Amendment protects an individual’s right to possess firearms and that the city’s total ban on handguns, as well as its requirement that firearms in the home be kept nonfunctional even when necessary for self-defense, violated that right.

Held: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment and state constitutions. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.

The handgun ban and the trigger-lock requirement (as applied to self-defense) violates the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional. Assuming he is not disqualified from exercising Second Amendment rights, the District must permit Heller to register his handgun and must issue him a license to carry it in the home.

AFFIRMED

Dylann Roof, the man accused of a shooting spree that left nine people dead at a historic black church in Charleston on Wednesday night, should not have been able to get a gun.

Federal law prohibits people with pending felony charges from obtaining firearms. In February, Roof was arrested and later charged with felony possession of Suboxone, a narcotic prescription drug. He was released, and  the case is pending.

Because of his criminal record, Roof would not have been able to buy a gun from a store. Federally licensed gun dealers are required to run background checks on gun purchasers, and Roof’s pending charges should have turned up as a red flag.

But Roof didn’t need to go to a dealership. According to his uncle, Roof received a .45-caliber pistol from his father in April for his birthday, Reuters reports.

South Carolina is one of 40 states that do not require background checks for private gun transactions, like the one that allegedly took place between Roof and his father. Gun control activists call this the “private sale” loophole.

It’s illegal to give guns to felons or people with felony indictments — but that’s only if you know about their criminal records. In South Carolina, you don’t have to ask, so private citizens can more or less freely exchange guns.

If prosecutors can show that the father knew about Roof’s indictment but gave him the gun anyway, Roof’s father could face up to 10 years in prison.

In contrast, ten states and the District of Columbia have closed the private sale loophole by requiring background checks for nearly all gun transfers. Anyone trying to sell or give Roof a gun would have had to take him to a licensed dealership or a law enforcement office to complete the transaction. (Many of these states have exceptions for people giving guns to family members, though.)