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Parker, et al. v. District of Columbia,
No. 04-7041 (D.C. Cir., March 9, 2007): Second Amendment: This is an extraordinary, and lengthy (75-pages) opinion in which the D.C. Circuit holds that D.C. gun control laws violate the Second Amendment. The circuit held explicitly that the Second Amendment "protects an individual right to keep and bear arms." (p.46). The panel split 2-1, with Judge Karen LeCraft Henderson dissenting on the narrow ground that D.C. is not a "state" and therefore the Second does not apply there. This case seems headed to the Supreme Court.
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District of Columbia v. Heller,
No. 07-290 (U.S., June 26, 2008): Second Amendment: Although wading through all 157 pages of this sprawling 5-4 opinion is fun because I love this issue, for present purposes I will just quote the holding in the syllabus: "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." Justice Scalia authored the majority opinion which is a truly watershed decision for gun rights (I must confess that on this issue, my position is "from my cold, dead hands"). Although some aspects of the right to bear arms were left for another day, the majority was clear that such a right is subject to reasonable restrictions such as banning felons from possessing hand guns.
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