Citation554 U.S. 570 (2008) Brief Fact Summary. The District of Columbia had various prohibitions that worked to prohibit most handgun possession. Synopsis of Rule of Law. The Second Amendment protects the right to keep and bear arms regardless of whether an exercise of the right is connected to militia service. ...
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District of Columbia v. Heller
Citation554 U.S. 570 (2008) Brief Fact Summary. Respondent challenged the District of Columbia’s prohibition on the possession of usable handguns in the home for the violation of the Second Amendment to the Constitution. Synopsis of Rule of Law. The Second Amendment confers an individual right to keep and bear arms. ...
District of Columbia v. Heller
Citation. 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). Brief Fact Summary. Plaintiff challenged a D.C. law limiting handgun possession. Synopsis of Rule of Law. The right to possess firearms unconnected with militia service and use of the firearm for traditionally lawful purposes, like home protection, is constitutionally lawful under the Second Amendment. ...
District of Columbia v. Heller
Citation554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). Brief Fact Summary. Heller’s application for a one-year license to keep a handgun at home was denied per relevant D.C. law. He brought suit, seeking injunction against enforcement of the law and alleging that the law violated his Second Amendment Synopsis of Rule of Law. The Second Amendment guarantees an individual the right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home. ...
District of Columbia v. Heller
Citation128 S. Ct. 2783 (2008) Brief Fact Summary. The District of Columbia has a ban on handguns, and in addition prohibits them from being in the home unless they are disabled. Respondent Heller brings an action claiming that this complete ban violates the 2nd Amendment right to keep and bear arms. Synopsis of Rule of Law. the 2nd Amendment extends a right to all individuals to keep firearms, and although the 2nd Amendment is not absolute, a complete ban on a class of weapons (handguns), even for a lawful purpose, violates the constitution. ...
McDonald v. City of Chicago
Citation561 U.S. 742 (2010) Brief Fact Summary. Some States argue that the Second Amendment that protects the right to keep and bear arms for the purpose of self-defense does not apply to the States and that their laws that ban the possession of handguns in the home should be held constitutional. Synopsis of Rule of Law. Most of the provisions of the Bill of Rights apply with full force to both the federal government and the States. The Second Amendment right is fully applicable to the States. ...
McDonald v. City of Chicago
Citation. 561 U.S. 742, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010). Brief Fact Summary. Following the Heller decision, petitioners filed suit against their respective municipalities. The petitioners argued the ban on handgun in private residences violated their right to keep and bare arms. Synopsis of Rule of Law. The Second Amendment is incorporated through the Due Process Clause of the 14th Amendment and additionally applicable to state and local governments. ...
McDonald v. City of Chicago
Citation561 U.S. 742 (2010) Brief Fact Summary. . Synopsis of Rule of Law. The Second Amendment right to keep and bear arms is incorporated against the states by the Due Process Clause. ...
McDonald v. City of Chicago
Citation561 U.S. 742, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010). Brief Fact Summary. Several parties filed suit against their cities challenging their gun bans after District of Columbia v. Heller. The plaintiffs alleged that the Second Amendment was also applicable to the states. Synopsis of Rule of Law. The Second Amendment applies to state and local governments as well as to the federal government. ...
McDonald v. City of Chicago
Citation561 U.S. 742 (2010) Brief Fact Summary. Petitioners claim that the right to keep and bear arms is one of the “privileges or immunities of citizens of the United States” but the city of Chicago argues that the laws that ban possession of handguns in the home are constitutional because the Second Amendment does not apply to the States. Synopsis of Rule of Law. The Second Amendment protects the right to keep and bear arms for one’s self-defense (District of Columbia v. Heller) ...
McDonald v. City of Chicago
Citation561 U.S. 742 (2010) Brief Fact Summary. [After the Supreme Court determined that the Second Amendment applied in a challenge to a handgun ban in Washington, D.C., several lawsuits were filed against the cities of Chicago and Oak Park, challenging their gun bans and arguing that the Second Amendment applies to the states.] Synopsis of Rule of Law. The Second Amendment is incorporated through the Due Process Clause of the Fourteenth Amendment and applies to the states. ...