As you may (or may not) know, the Supreme Court recently heard oral arguments in District of Columbia v. Heller, 07-290, a D.C. gun case that may have broad implications for the criminal defense bar.In sum, Heller involves a challenge to D.C.'s 31-year ban on handgun ownership.
The D.C. Circuit Court determined that the ban is incompatible with the Second Amendment, which is a personal right. ScotusBlog frames "the ultimate question" before the Court as: whether the Second Amendment guarantees an individual's right to have a gun for private use, or does it only guarantee a collective right to have guns in an organized military force such as a state National Guard unit?
ScotusBlog notes that the Supreme Court has not heard a case testing the Second Amendment's scope since 1939.
The Oyez Project has the complete transcript and audio of the oral argument here.
Professor Douglas A. Berman provides an excellent analysis of the case and its potential impact if the Supreme Court decision. Professor Berman notes:
[I]f individuals are recognized to have an enforceable right to have a gun for self-defense in their home, I think there could be real constitutional problems with broad federal laws that prohibit all felons from possessing any guns in any settings AND severe sentencing laws that might unduly chill an individual's efforts to keep guns safely in her home.
Sentencing Law And Policy, March 18, 2008
Please review Professor Berman's coverage of the Heller case at his blog. Our office will keep you posted on the latest news regarding this case.
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