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Second Amendment

District of Columbia v. Heller

Decided: 2008

In brief

Held for the first time that the Second Amendment protects an individual right to keep a handgun at home for self-defense.

The Court's ruling in depth

The District of Columbia effectively banned private handgun possession. Justice Scalia's 5–4 majority opinion undertook an extensive originalist analysis and concluded that the Second Amendment protects an individual right, unconnected to militia service, to possess firearms for self-defense — and that the handgun ban and the requirement to keep long guns disassembled or trigger-locked violated that right. Heller was a doctrinal earthquake. It repudiated the collective-rights reading of Miller and set the stage for McDonald (incorporating the right against the states) and Bruen (imposing a history-and-tradition test on all gun regulation).

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