The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Second Amendment
District of Columbia v. Heller
Decided: 2008
Held for the first time that the Second Amendment protects an individual right to keep a handgun at home for self-defense.
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).