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Case Analysis of District of Columbia v. Heller, 07-290
Gun Control Law
Are you a Gun Control Law supporter? Are you against Gun Control Law? The case of District of Columbia v. Heller, 07-290 presents a sound argument in favor of and against Gun Control Law since the case both protected the right of the people to keep and bear arms but also imposed limitations on this right.
Below is a short summary of the case.
Facts: A law in District of Columbia bans possession of handgun and makes it a crime to carry unregistered firearm. It also prohibits the registration of handguns. It also requires residents to keep lawfully owned firearms unloaded and dissembled or bound by a trigger lock or similar device. Heller who is a special policeman applied to register a handgun that he wants to keep inside his home but the District of Columbia refused. As a result, he filed a suit seeking to enjoin the District of Columbia from enforcing the bar on registration of handguns, the licensing requirement, and the trigger-lock requirement.
The District Court dismissed the suit but the D.C. reversed holding that the Second Amendment protects the right to possess handguns and that the law violates this right.
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Issue: Whether the District of Columbia law violates the Second Amendment
Held: The Second Amendment protects the right of individuals to keep and possess firearm unconnected with service in militia and to use the firearm for lawful purposes such as self-defense within the home and hunting. However, like most rights protected under the constitution, the Second Amendment is not absolute. It does not grant a right to keep and carry any weapon whatsoever in any manner and for whatever purpose. Also, the Second Amendment does not apply to prohibitions on the possession of firearms by felons, mentally ill individuals. The protection of the Second Amendment does not also extent to the prohibition in the carrying of firearms in sensitive places such as schools and government buildings.
Insofar as the ban on the possession of handguns and the imposition of trigger-lock requirement, they violate the Second Amendment. The total ban amounts to a prohibition of an entire class of arms that Americans choose for the lawful purpose of self-defense.
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