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District of Columbia v. Heller, 554 US ___ (2008)

In 2008, the US Supreme Court found in favor of Hellerand upheld Second Amendment protection by striking down a District of Columbia law that unconstitutionally restricted the use and storage of legally owned guns. The decision in Hellerapplied only to the District of Columbia, which is federal territory, and not to the states.

McDonald v. City of Chicago, 561 US ___ (2010). In McDonald, the Court held self-protection was a fundamental right and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause. The decision was released June 28, 2010.

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Q: What was the outcome of District of Columbia v. Heller?
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Who is right about the Second Amendment the US Supreme Court or Heller?

District of Columbia v. Heller, 554 US ___ (2008)There is no distinction, because the US Supreme Court decided in favor of Heller and struck down the District of Columbia gun control law as unconstitutional under the Second Amendment.For more information, see Related Questions, below.


What was the latest US Supreme Court ruling on gun rights?

McDonald v. City of Chicago, 561 US ___ (2010)McDonald v. City of Chicago, 561 US ___ (2010) The US Supreme Court heard oral arguments in the case on March 2, 2010, and released its opinion on June 28, 2010. The Court held self-protection is a fundamental right, and incorporated the Second Amendment to the States via the Fourteenth Amendment Due Process Clause.District of Columbia v. Heller, 554 US ___ (2008)In 2008, the US Supreme Court upheld Second Amendment protection in the case District of Columbia v. Heller, 554 US ___ (2008), by striking down a District of Columbia law that unconstitutionally restricted the use and storage of legally owned guns. The decision in Heller applied only to the District of Columbia, which is federal territory, and not to the states, which did not become bound by the Second Amendment until June 2010.For more information, see Related Questions, below.


Who is Dick Anthony Heller?

Dick Anthony Heller is the plaintiff in the District of Columbia v. Heller case. He believes that the gun control laws in DC are violating the second amendment "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." He is a security officer in the building of the administrative offices of the federal courts, and he wants to keep the gun he uses at work with him at all times for his personal protection.


Where did United States v. Nixon take place?

United States v. Nixon, 418 US 683 (1974)US v. Nixon was within the jurisdiction of the District of Columbia (Washington, DC), the United States' federal government's capitol. The case was first heard in US District Court for the District of Columbia, under Judge John Sirica, then appealed directly to the US Supreme Court, bypassing the US Court of Appeals for the District of Columbia Circuit.For more information, see Related Questions, below.


Which court case extended the right for special education to children with all disabilities?

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When was DC v Heller ruled on?

June 26, 2008


Why does the US Supreme Court focus primarily on the nature of the gun used in the crime and not the nature of the crime using the gun?

I'm not sure this question has a basis in reality, since the US Supreme Court has not routinely addressed the nature of gun use, nor the nature of the crime using the gun. You may be thinking of Congress, the legislative body that writes and passes federal laws. The US Supreme Court is responsible for determining whether laws challenged in court conform with the Constitution.The Supreme Court has only granted certiorari for a few cases focusing on gun control since its decision in US v. Cruikshank, (1875), that gun regulation is a states' rights issue not subject to federal regulation.In Parker v. District of Columbia, (2007), the Supreme Court upheld a US District Court decision overturning the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms.In 2008, the US Supreme Court upheld Second Amendment protection in the case District of Columbia v. Heller, 554 US ___ (2008), by striking down a District of Columbia law that unconstitutionally restricted the use and storage of legally owned guns.The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states, which are not currently bound by the Second Amendment (an unincorporated Amendment; see Related Questions for more information).McDonald v. City of Chicago, 561 US ___ (2010). In McDonald, the Court held self-protection was a fundamental right and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause. The decision was released June 28, 2010.For more information, see Related Questions, below.


How has the Supreme Court ruled on gun control since 1980?

The Supreme Court has only granted certiorari for three cases focusing on gun control since its decision in US v. Cruikshank, 92 US 542 (1875), that gun regulation is a states' rights issue not subject to federal statutes.In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the Supreme Court denied certiorari on a US District Court case that overturned the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms. When the Supreme Court declines review of a case, the decision of the lower court is final.Last Term, the Supreme Court heard District of Columbia v. Heller, 554 US ___ (2008), a case that alleged Washington, DC, gun control laws were unconstitutional. The Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that the District of Columbia's requirement that guns within the home be unloaded, disassembled and locked were unconstitutional.The decisions in both Parker and Heller applied only to the District of Columbia, which is federal territory, and not to the states, which are not currently bound by the Second Amendment (an unincorporated Amendment; see Related Questions for more information).McDonald v. City of Chicago, 561 US ___ (2010). In McDonald, the Court held self-protection was a fundamental right and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause. The decision was released June 28, 2010.For more information, see Related Questions, below.


Rutan v Republican Party Central District of Illinois?

What is the details of the US District Court for Central District of Illinois decision on Rutan v Republican Party?


In what state was the Marbury v. Madison dispute?

Marbury v. Madison, 5 US 137 (1803)The dispute revolved around justice of the peace appointments awarded under the District of Columbia Organic Act of 1801, in which Congress formally incorporated land ceded to the federal government by Virginia and Maryland into the District of Columbia, dividing the territory into two "cities": Alexandria, which operated under Virginia law; and Georgetown, which operated under Maryland law.William Marbury was a resident of Georgetown. At least one of his co-plaintiffs, Dennis Ramsay, was a resident of Alexandria, so both sections of the District of Columbia were involved.For more information, see Related Questions, below.


McCulloch v. Maryland what was the outcome?

Maryland wins


Why is the US Supreme Court exploring tighter America gun regulations?

The US Supreme Court isn't "exploring tighter American gun regulations." The Supreme Court is not a legislative body; its purpose is to determine whether laws and regulations challenged in cases appealed to the Court conform to the US Constitution. The regulations, themselves, are made by Congress and state legislatures.In its 2008 Term, the Supreme Court heard District of Columbia v. Heller, 554 US ___ (2008), a case that alleged Washington, DC, gun control laws were unconstitutional. The Supreme Court held that the Second Amendment of the Constitution protects Americans' right to bear arms as an individual liberty not specifically limited to the militia, and that the District of Columbia's requirement that guns within the home be unloaded, disassembled and locked were unconstitutional. This loosenedAmerican gun regulations in the District of Columbia, which is federal territory.In Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), the Supreme Court denied certiorari on a US District Court case that overturned the Firearms Control Regulations Act of 1975, a law banning residents of the District of Columbia from owning handguns, automatic firearms, and high-capacity semi-automatic firearms, as well as prohibiting possession of unregistered firearms. This also loosened gun regulations for the District of Columbia, and gutted the Brady Bill.The decisions in Parker and in Heller did not apply to the states, however, because the Court in US v. Cruikshank, (1875), decided gun control laws were states rights' issues, and declined to impose federal regulations on the states.Contrary to popular belief, the Bill of Rights is not completely applied to states. The Supreme Court has chosen to use a method called "selective incorporation" to apply individual clauses within the Bill of Rights (the first ten Amendments of the Constitution) via the Fourteenth Amendment Due Process and Equal Protection Clauses, as appropriate cases arise. The Second Amendment was recently incorporated as a result of the US Supreme Court ruling in McDonald v. City of Chicago, 561 US ___ (2010), holding self-protection is a fundamental right, and ensuring Second Amendment protection will be respected and upheld by the states.