Guide Note

The District of Columbia vs. Heller case, brought before the Supreme Court on March 18, 2008, was an appeal of Parker v. District of Columbia.

The Court's June 26, 2008, ruling supported the lower court's view of the second amendment, arguing that the constitution prohibits an absolute ban on handguns.¹

Fast Facts

1. Arguments heard by the Supreme Court on March 18, 2008
2. Case argues the Firearms Control Regulations Act of 1975 is a violation of the second amendment
3. Law bans the ownership of handguns in the District of Columbia except for retired and active police officers
4. A federal appeals court struck down the law as unconstitutional
5. This was the first time a federal court ruled a handgun ban infringed upon constitutional rights
6. It was only the second time a federal court interpreted the second amendment as a protection of an individual's right to bear arms for personal use

In the case of Parker v. District of Columbia, a lower appeals court became the first federal court to rule that a handgun ban infringed upon citizens' second amendment constitutional rights. It was only the second decision to explicitly view the second amendment as a protection of an individual's right to firearm ownership for personal use. The Supreme Court ruling will be considered a major statement on the status of the second amendment in the United States.²

Addressing a sensitive issue in the middle of a presidential campaign, the District of Columbia vs. Heller decision elicited comments from both Senators Barack Obama and John McCain.

• "Unlike the elitist view that believes Americans cling to guns out of bitterness, today’s ruling recognizes that gun ownership is a fundamental right—sacred, just as the right to free speech and assembly."—John McCain³

• "Today's decision reinforces that if we act responsibly, we can both protect the constitutional right to bear arms and keep our communities and our children safe."—Barack Obama³