June 26, 2008court rulingconstitutional lawgun rightsjudicial reviewConstitutional LawGun PolicyJudicial Rulings
Supreme Court rules 5-4 in Heller that the Second Amendment protects an individual right to own firearms
The Supreme Court ruled 5-4 in District of Columbia v. Heller on June 26, 2008, that the Second Amendment protects an individual right to possess firearms independent of service in a militia, and to use them for traditionally lawful purposes including self-defense in the home. Justice Antonin Scalia wrote the majority opinion striking down Washington D.C.''s handgun ban and trigger-lock requirement, but explicitly noted the ruling did not cast doubt on prohibitions on dangerous and unusual weapons. Justice John Paul Stevens wrote the principal dissent, arguing the amendment protects only militia-related arms bearing. Heller became the foundational precedent for all subsequent Second Amendment litigation.